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BUCHANAN v. DAIRY COWS

No. 11759.

547 P.2d 526 (1976)

97 Idaho 481

Garth BUCHANAN and Jewel L. Buchanan, Plaintiffs-Appellants, v. DAIRY COWS, a partnership consisting of Wade W. Newton and Bill E. Mesker, Defendants-Respondents.

Supreme Court of Idaho.

March 26, 1976.

Attorney(s) appearing for the Case

Joseph M. Imhoff of Coughlan, Imhoff & Lynch, Cumer L. Green of Green & Frost, Boise, for plaintiffs-appellants.

John Magel of Elam, Burke, Jeppesen, Evans & Boyd, Boise, for defendants-respondents.

DONALDSON, Justice.

The single issue before this Court is whether the three transactions between appellants, Garth and Jewel Buchanan, and respondent, Dairy Cows, a partnership, were credit sale transactions or loans in violation of the usury statutes.1

Appellants operate a dairy business and have done so for approximately thirty years in the Boise-Caldwell area. On three occasions, appellants increased the size of their dairy...

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