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BARNES v. HINTON

No. 13623.

651 P.2d 553 (1982)

103 Idaho 619

Earl BARNES, an individual doing business as Barnes Realty, Plaintiff-Respondent, v. Lillian M. HINTON, both as an individual and as Trustee of the Estate of Olga V. Oliver, and Does I through V, inclusive, Defendant-Appellant.

Court of Appeals of Idaho.

September 13, 1982.

Attorney(s) appearing for the Case

Lloyd J. Webb of Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, for defendant-appellant.

J. Stephen Crabtree of Kennedy, duPont & Crabtree, Ketchum, for plaintiff-respondent.

SWANSTROM, Judge.

Lillian Hinton was the prevailing party in a contract action filed against her by Earl Barnes, doing business as Barnes Realty. Her request for attorney fees was denied and she appealed. The sole issue on appeal is whether the trial court erred in disallowing Hinton's claim for attorney fees. Resolution of this question involves the determination of several subsidiary issues: (1) Did the trial court correctly conclude that I.C. § 12-120(2) is...

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