Fajen v. Powlus

SHEPARD, Justice.

This is an appeal from a judgment decreeing a forfeiture of a contract vendee’s interest in real estate and also from the denial of a motion to file a counterclaim for specific performance of that contract. We reverse.

This is the second appeal by these same parties and many of the facts and circumstances are set out in our earlier opinion. See, Fajen v. Powlus, 96 Idaho 625, 533 P.2d 746 (1975) (hereinafter “Fajen I”).

Samuel B. (now deceased) and Lucille E. Smith were the owners of Lots 2, 3 and 4 of Woods Addition in Twin Falls, and on April 20, 1969, they entered into an…