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CLEARWATER MINERALS CORP. v. PRESNELL

No. 16189.

729 P.2d 420 (1986)

111 Idaho 945

CLEARWATER MINERALS CORPORATION, an Idaho Corporation, Plaintiff-Appellant, v. Sam R. PRESNELL, Vicci S. Presnell, Albert N. Presnell, Willis F. Presnell, Jeanne C. Presnell, Defendants-Respondents.

Court of Appeals of Idaho.

December 1, 1986.

Attorney(s) appearing for the Case

William H. Foster, Grangeville, and Arthur D. Zierold (argued), Boise, for plaintiff-appellant.

Delbert W. Steiner, and E. Scott Lee (argued), Lewiston, for defendants-respondents.

BURNETT, Judge.

This is an action for misrepresentation and breach of warranty in a transaction involving an assignment of mining rights. The district court dismissed the complaint, ruling that no warranty had been made, that the plaintiff had waived any claim against the defendants, and that the plaintiff had failed to prove damages. We vacate the district court's judgment and remand the case.

The mining rights in question were assigned by Sam Presnell and...

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