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CHOICE FEED, INC. v. MONTIERTH

Docket No. 46544.

481 P.3d 78 (2021)

CHOICE FEED, INC., an Idaho Corporation, Plaintiff-Respondent-Cross Appellant, v. Edward R. MONTIERTH, aka Ray Montierth, Defendant-Appellant-Cross Respondent, and Susan L. Montierth, Gary Johnston, Trustee of the Peckham Road Trust, Defendants.

Supreme Court of Idaho, Boise, November 2020 Term.

Opinion filed: February 9, 2021.

Attorney(s) appearing for the Case

Eismann Law Offices, Nampa, for Appellant. Ryan Martinat argued.

Fisher and Hudson, Boise, for Respondent. Vaughn Fisher argued.

This case concerns a sadly familiar story: an oral real estate transaction gone terribly wrong. Choice Feed, Inc., sued Ray Montierth and Susan Montierth, alleging that Ray breached an oral agreement to sell his feedlot property to Choice Feed once he arranged a 1031 tax deferred agreement. Although Ray collected money from Choice...

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