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DAY v. MORTGAGE INSURANCE CORPORATION

No. 9963.

428 P.2d 524 (1967)

H. A. DAY, d/b/a H. A. Day Construction Co., Plaintiff-Appellant, v. MORTGAGE INSURANCE CORPORATION, a corporation, and Parke E. Josephson, Defendants-Respondents.

Supreme Court of Idaho.

May 31, 1967.

Attorney(s) appearing for the Case

A. A. Merrill, Idaho Falls, for appellant.

Sharp, Anderson & Bush, Idaho Falls, for respondent, Mortgage Insurance Corporation.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for respondent, Parke E. Josephson.

SMITH, Justice.

Appellant, hereinafter sometimes referred to as Day, appeals from a summary judgment dismissing his action ex contractu directed against respondents, assigning error committed by the trial court in doing so.

Day, in his complaint, alleged generally that respondents were indebted to him, Day, in the sum of $1,439.15. After filing its answer, respondent Mortgage Insurance Corporation, hereinafter sometimes referred to as the Corporation, obtained...

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