BAKES, Justice.
This is an appeal from the dismissal of Counts 1 and 3 of plaintiff's complaint. The dismissal was granted at the end of the trial, but prior to submission of the balance of the issues raised by plaintiff's complaint to the jury, which returned a verdict against plaintiff. Viewing the evidence most favorably to the appellant on those two dismissed counts, as we must, Pigg v. Brockman, 85 Idaho 492,
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