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M & H RENTALS, INC. v. SALES

No. 14494.

700 P.2d 970 (1985)

108 Idaho 567

M & H RENTALS, INC., an Idaho corporation, Plaintiff-Respondent, v. Donald M. SALES, Defendant-Appellant, and American Excavation and Paving, Inc., an Idaho corporation; Frank A. Workman; Forrest Anglemyer; Robert L. Cooper and Donald L. Dullenty, Defendants.

Court of Appeals of Idaho.

Petition for Review Denied August 27, 1985.

Attorney(s) appearing for the Case

Michael J. Verbillis, Coeur d'Alene, for defendant-appellant.

Darrel W. Aherin, Aherin, Rice & Brown, P.A., Lewiston, for plaintiff-respondent.

PER CURIAM.

This is an appeal from a summary judgment imposing liability upon a guarantor for a debt arising from an equipment lease transaction. The guarantor, Donald M. Sales, contends that the judgment was entered erroneously, despite genuine issues of material fact concerning allegations of unconscionability and failure to mitigate losses. We affirm the judgment.

Before addressing these issues, we turn to a threshold...

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