ASHER v. McMILLAN

Docket No. 47684.

503 P.3d 172 (2021)

Terry ASHER and Pamela Kitchens, husband and wife, Plaintiffs-Respondents, v. Lester MCMILLAN, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 2020 Term.

Opinion Filed: February 9, 2021.


Attorney(s) appearing for the Case

Jones & Swartz, PLLC, Boise, for Appellant. Eric B. Swartz argued.

William F. Lee , Emmett, for Respondents.


This case involves an award of restitution for improvements to a defendant's real property made by plaintiffs while the parties were anticipating a conveyance. Lester McMillan bought a dilapidated house that Terry Asher and Pamela Kitchens ("the Ashers") planned to repair. The parties orally agreed that the Ashers would perform certain...

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