No. 13201.

632 P.2d 683 (1981)

102 Idaho 494

Earl F. McGILL, Plaintiff-Appellant, v. IDAHO BANK & TRUST CO., an Idaho Corporation, Defendant-Respondent.

Supreme Court of Idaho.

August 13, 1981.

Attorney(s) appearing for the Case

Bert L. Poole, Boise for plaintiff-appellant.

Mikel H. Williams, and Claire L. Dwyer of Collins, Manly & Williams, Boise, for defendant-respondent.

McFADDEN, Justice:

Plaintiff-appellant Earl F. McGill filed a complaint seeking restitution from defendant-respondent Idaho Bank and Trust (I B & T) in the sum of $1,722.88 for payments made to the bank and related expenses incurred under an assignment of a conditional sale security agreement. The bank counterclaimed for $5,177.92 allegedly owed to it by McGill for the balance due under the assignment of the conditional sale security agreement. Following the trial...

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