Klaue v. Hern

SILAK, Justice.

This is an appeal from an order granting a motion to dismiss appellant August V. Klaue’s complaint for declaratory judgment, specific performance of a stock transfer agreement and an accounting and from an order granting attorney fees and costs. For the reasons stated below, we vacate the order of dismissal and the award of attorney fees and costs and remand for further proceedings.

I

FACTS AND PROCEDURAL BACKGROUND

A. Facts

August V. Klaue (Klaue) is a shareholder and officer of respondent Regulus Stud Mills (Regulus), an Idaho corporation with its principal place of business in…