Vogl v. Smythe

THOMAS, Justice.

The facts in the case are in most respects without conflict and, as found by the Board, are briefly hereinafter related.

Respondent owned some 140 acres of land bordering on Lake Coeur d’Alene where he had a summer home which was situated a mile and one-half from the junction of State Highway 95 and a county- road which led to his property. A postoffice and grocery store were located at the junction.

In 1947 respondent subdivided his propery into lots and platted the area and engaged in the sale of such lots to those desiring summer homes on the lake; it was his custom,…