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HOBBS v. FIRST INTERSTATE BK. OF IDAHO, N.A.

No. 15432.

712 P.2d 691 (1985)

109 Idaho 990

D. Kayle HOBBS and M. Marlene Hobbs, husband and wife, and George Nicholas Hobbs and Leata B. Hobbs, husband and wife, Plaintiffs-Appellants, v. FIRST INTERSTATE BANK OF IDAHO, N.A., a national banking association, Defendant-Respondent, and James R. Hollister and Karen L. Hollister, husband and wife, Defendants.

Court of Appeals of Idaho.

December 20, 1985.

Attorney(s) appearing for the Case

Jim C. Harris, Harris & Sutton, Boise, for plaintiffs-appellants.

Christopher M. Bieter and Louie L. Uranga, Uranga & Uranga, Boise, for defendant-respondent.

WALTERS, Chief Judge.

We are asked to review a summary judgment granted to First Interstate Bank of Idaho, N.A., on its counterclaim for rent due under a lease agreement with the plaintiffs-appellants. The sole issue is whether the plaintiffs were barred from asserting, as an affirmative setoff to the counterclaim, the value of improvements they made to the property. These improvements also were mentioned in a complaint that had been dismissed with prejudice. We vacate...

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