JAMES v. MERCEA

No. 38135-2010.

277 P.3d 361 (2012)

Diana JAMES, Plaintiff-Appellant, v. Cornelius MERCEA and Patricia Mercea, husband and wife, Defendants-Respondents, and Joe A. Lamphiear and Susan M. Lamphiear, husband and wife; First American Title Insurance Co.; and First American Title Company, Inc. Defendants.

Supreme Court of Idaho, Coeur d'Alene, April 2012 Term.

April 26, 2012.


Attorney(s) appearing for the Case

John P. Whelan , Coeur d'Alene, argued for appellant.

Edward J. Anson , Coeur d'Alene, argued for respondents.


EISMANN, Justice.

This is an appeal from a summary judgment holding that the sellers of residential real property did not violate the Idaho Property Condition Disclosure Act or commit fraud by failing to disclose to the purchaser that the public road alongside the real property was not a private driveway on the property. We affirm the judgment of the district court and award respondents attorney fees on appeal pursuant to the parties' contract.

I.

...

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