HUDSON v. COBBS

Nos. 16784, 16791.

772 P.2d 1222 (1989)

115 Idaho 1128

Wayne D. HUDSON, Plaintiff, v. Lyle R. COBBS, Individually; and Jack Kennevick, Individually; and Cobbs/Kennevick, a General Partnership, Defendants-Respondents, and Brian Smith, Defendant-Appellant, Larry Sundell, Mark Bazeghi, Kathy Bazeghi, aka Kathy Hampson and Doug Sherwood, all Individually; and Webster Investments # 3, an Idaho General Partnership, Defendants. Larry SUNDELL, Defendant-Cross Claimant, v. Abbass BAZEGHI, Mark Bazeghi, and Kathy Bazeghi a/k/a Kathy Hampson, Cross-Defendants. Brian SMITH, Defendant-Cross Claimant-Appellant, v. Mark BAZEGHI and Kathy Bazeghi, a/k/a Kathy Hampson, Cross-Defendants. Lyle R. COBBS, Jack Kennevick, and Cobbs/Kennevick, a General Partnership, Defendants-Counter Claimants-Cross-Claimants Respondents, v. Wayne D. HUDSON, Counter Defendant, and Brian Smith, Cross Defendant Appellant, and Abbass Bazeghi, Larry Sundell, Mark Bazeghi, Kathy Bazeghi and Doug Sherwood, all Individuals; and Webster Investments # 3, an Idaho General Partnership, Cross-Defendants.

Supreme Court of Idaho.

April 10, 1989.


Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for appellant. Scott D. Hess argues.

Elam, Burke & Boyd, Boise, for the respondent. Todd J. Wilcox argued.


HUNTLEY, Justice.

The issue presented is whether Smith and Sundell are entitled to indemnification from Cobbs and Kennevick and the Cobbs/Kennevick Partnership for their liability to Wayne Hudson for damages on rescission of a land sale contract.

FACTS

This appeal arises out of cross claims brought by Brian Smith and Larry Sundell (partners in the Webster # 3 Partnership) against Lyle Cobbs and Jack Kennevick and the Cobbs/Kennevick Partnership....

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