O'Connor v. Harger Construction, Inc.

W. JONES, Justice.

This action arises out of the purchase of real property on Lake Coeur d’Alene, Idaho. Tamara O’Connor (O’Connor) filed an action again Harger Construction, Inc. (Harger), alleging breach of contract and seeking damages, or in the alternative, specific performance or restitution for the return of her deposit. The district court, Honorable Charles Hosack presiding, found that a mutual mistake of fact existed between O’Con-nor and Harger and that O’Connor had not met the burden of proving that Harger had breached the contract. On motion for reconsideration, filed by O’Connor,…