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State Idaho v. Michael C. Couch

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eBook details

  • Title: State Idaho v. Michael C. Couch
  • Author : Court of Appeals of Idaho
  • Release Date : January 08, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

This case presents an issue of law with respect to a rule of procedure. We are asked to decide whether a sellers claim for money due on a real estate contract should be barred for failure to plead it as a compulsory counterclaim in the buyers earlier action for specific performance. We hold -- contrary to the decision of the district court -- that appellants claim for money due on a real estate contract is not barred for failure to plead it in the earlier action. Accordingly, for reasons which follow, we vacate the judgment. We remand for a decision on the merits.


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