MOUNTAIN ELECTRIC COMPANY v. SWARTZ

No. 9396.

393 P.2d 724 (1964)

MOUNTAIN ELECTRIC COMPANY, a corporation, Plaintiff-Appellant, v. Gilbert SWARTZ and Louise L. Swartz, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

July 6, 1964.


Attorney(s) appearing for the Case

Racine, Huntley & Olson, Pocatello, for appellant.

McDevitt & McDevitt, Pocatello, for respondents.


SMITH, Justice.

Appellant brought this action seeking to foreclose its second mortgage encumbering real property of respondents, given to secure payment of their promissory note. Repondents denied the indebtedness, and counterclaimed for all sums paid to appellant, claiming that appellant "unjustly and wrongfully received" the same through "coercion and threats and undue influence" of respondents.

Trial by a jury, by assent of appellant and respondents, resulted...

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