(Download) "Dennis A. Dursteler and Gloria v. V." by Court of Appeals of Idaho No. 16470 * Book PDF Kindle ePub Free
eBook details
- Title: Dennis A. Dursteler and Gloria v. V.
- Author : Court of Appeals of Idaho No. 16470
- Release Date : January 26, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is the second appeal in a case involving the sale of a ranch between two brothers and their wives. In the earlier appeal, Dursteler v. Dursteler, 108 Idaho 230, 697 P.2d 1244 (Ct.App.1985), we upheld the district court's determination that the contract between the buyers, Dennis and Gloria Dursteler, and the sellers, Michael and Mary Dursteler, was incomplete and unenforceable. We also modified the district court's judgment awarding $14,702.85 to the buyers as restitution for unjust enrichment, holding that the record then before us supported a recovery of only $10,495. However, because of inadequacies in the record, we remanded the case for a determination whether any further adjustment to the amount of restitution would be appropriate. On remand, the district court entered another judgment, in favor of the buyers, for $8,928.34. Later, upon motion of the buyers under I.R.C.P. 60(a), the district court entered a corrected judgment to include postjudgment interest from March 5, 1982, the date of the original judgment. The sellers appeal, raising two issues. They question (1) whether statutory postjudgment interest should accrue from the date of the original judgment; and (2) whether a Rule 60(a) motion to correct a judgment is an appropriate means of altering a judgment to include such interest. We affirm the corrected judgment. I