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ALLIED INVESTMENTS, INC. v. DUNN

No. 13947.

663 P.2d 300 (1983)

104 Idaho 764

ALLIED INVESTMENTS, INC., an Idaho Corporation, Plaintiff-Appellant, v. Dorothy Delores DUNN, Steve Dunn, Dee Ann Dunn, Cindy Dunn, Timothy Dunn, Kathy Dunn Magnuson, Sean Magnuson, Jeffery Magnuson and Title and Trust Company, Defendants-Respondents.

Supreme Court of Idaho.

May 4, 1983.

Attorney(s) appearing for the Case

William J. Hines, of Imhoff & Lynch, Chartered, Boise, for plaintiff-appellant.

Harold L. Ryan, of Ryan, Sweet & Masingill, Weiser, for defendants-respondents.

DONALDSON, Chief Justice.

The two parties, Allied Investments, Inc. and the Dunns, recorded a deed of trust on February 22, 1979. The plaintiff, Allied Investments, Inc., failed to make payments in May and June of 1980 and on June 16, 1980, the defendants, the Dunns, filed a notice of default. At trial the court found that on October 9, 1980, Mr. Westmark, an officer of Allied Investments, Inc., called counsel for the defendants and stated that he was in a position...

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