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FEARLESS FARRIS WHOLESALE v. HOWELL

No. 14023.

672 P.2d 577 (1983)

105 Idaho 699

FEARLESS FARRIS WHOLESALE, INC., Plaintiff-Respondent, v. William E. HOWELL and Mary J. Howell, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

November 17, 1983.

Attorney(s) appearing for the Case

Charles L. Hay, of Elam, Burke, Evans, Boyd & Koontz, Boise, for appellants.

Larry L. Grant, of Parkinson, Lojek & Penland, Boise, for appellee.

WALTERS, Chief Judge.

Pursuant to two loan agreements, Fearless Farris loaned the Howells $61,000 to finance construction of a retail gasoline outlet and an additional $8,400 to apply to the principal due on the land purchase contract which encumbered the construction site. However, the Howells did not execute a promissory note, for repayment of the first loan, as required by the first loan agreement. The Howells also failed...

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