Abel v. School District No. 413

HUNTLEY, Acting Chief Judge.

By this appeal we are asked to decide whether the trial court, sitting without a jury, properly dismissed an action for specific performance of a contract, or in the alternative, damages, brought against School District No. 413, Twin Falls County, Idaho. We reverse the trial court’s dismissal.

The trial court’s memorandum opinion setting forth the relevant facts in support of its order of dismissal reads in part:

The parties entered into a contract for the sale of a certain piece of real estate on or about May 31, 1977. Under the terms of the contract, the School…