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VANDERWAL v. ALBAR, INC.

No. 38085-2012.

303 P.3d 175 (2013)

Echo VANDERWAL and JLZ Enterprises, Inc., an Ohio Corporation, Plaintiffs-Respondents, v. ALBAR, INC., an Idaho Corporation, Defendant-Appellant, and Elmer B. Sudau; T. Owen Mullen; and Marita T. Stewart, dba Lake Country Real Estate, Defendants. Albar, Inc., an Idaho corporation, Plaintiff-Appellant, v. JLZ Enterprises, Inc, an Ohio corporation, and James O. Steambarge, a single man, Defendants-Respondents.

Supreme Court of Idaho, Boise, June 2013 Term.

June 20, 2013.

Attorney(s) appearing for the Case

John A. Finney , Finney Finney & Finney, Sandpoint, argued for appellant.

Charles R. Dean, Jr. , Dean & Kolts, Coeur d'Alene, argued for respondents.

EISMANN, Justice.

This is an appeal out of Bonner County from the district court's finding, after a court trial, that the seller of real property had breached its contract with the buyer by failing to remediate a gasoline spill on the property within a reasonable time and the court's award of damages to the buyer. The appeal also challenges the district court's denial of the seller's post-judgment motion to reduce the buyer's damages by the amount it received from...

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