Vanek v. Foster

263 P.2d 997 (1953)

VANEK et ux.

v.

FOSTER et al.

No. 7825.

Supreme Court of Idaho.

January 14, 1953.

On Rehearing December 23, 1953.

S. T. Lowe, Burley, for appellants, and Kales E. Lowe, Burley, for appellants on rehearing.

William H. Foster and Herman E. Bedke, Burley, for respondents.

KEETON, Justice.

The parties to this proceeding will be referred to as they appeared in the trial court. Appellants will be referred to as plaintiffs, respondents as defendants.

By the terms of a written contract entered into on the 20th of February, 1950, defendants T. D. Foster, Jr. and the Foster Company, agreed to…