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McKINNEY v. KIRKNESS

No. 14828.

692 P.2d 384 (1984)

107 Idaho 740

Willie McKINNEY and Tim McKinney, Plaintiff-Appellants, v. Terry KIRKNESS, Defendant-Respondent.

Court of Appeals of Idaho.

November 30, 1984.

Attorney(s) appearing for the Case

Peter J. Boyd and Robert M. Tyler, Jr. of Elam, Burke & Boyd, Boise, for plaintiffs-appellants.

Philip A. Peterson of White, Ahrens, Peterson & Perry, Nampa, for defendant-respondent.

Before BAKES, Acting C.J., and McFADDEN and OLIVER, Acting JJ., Special Panel.

BAKES, Acting Chief Judge.

This is an appeal from an award of attorney fees under I.C. § 12-120(2) in favor of defendant respondent Kirkness in an action by the plaintiff appellant McKinney to recover a motor vehicle or its fair market value.

McKinney entered into an agency agreement with National Auto Finders, Inc., to sell his 1971 Pontiac on consignment. National Auto Finders sold the vehicle to Kirkness, delivered the automobile to Kirkness and collected...

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