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HOLVE v. DRAPER

No. 11135.

505 P.2d 1265 (1973)

95 Idaho 193

Norman E. HOLVE and Nancy Holve, husband and wife, Plaintiffs-Appellants and Cross-Respondents, v. Lawrence DRAPER and Robert Swanson, Defendants-Respondents, Robert Swanson, Respondent and Cross-Appellant.

Supreme Court of Idaho.

Rehearing Denied February 22, 1973.

Attorney(s) appearing for the Case

Arthur L. Smith of Albaugh, Bloem, Smith & Pike, Idaho Falls, for appellants.

Morton B. Hiller of St. Clair, St. Clair, Hiller & Benjamin, Idaho Falls, for respondent Robert Swanson.

Racine, Huntley, Herzog & Olson, Pocatello, for respondent Draper.

SHEPARD, Justice.

Draper was involved in an automobile accident with Mrs. Holve and the Holves brought suit against both Draper and Swanson. Draper was alleged to be the servant of Swanson. Draper's estate paid the Holves $8,000 in exchange for a covenant not to sue in favor of Draper. The district court granted Swanson summary judgment on the ground that the covenant not to sue in favor of a servant (Draper) necessarily...

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