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SPIDELL v. JENKINS

No. 16206.

727 P.2d 1285 (1986)

111 Idaho 857

Norman E. SPIDELL, Plaintiff-Respondent, v. Jeffrey C. JENKINS, Defendant-Appellant.

Court of Appeals of Idaho.

October 31, 1986.

Attorney(s) appearing for the Case

Byron Meredith of William J. Brauner, P.A., Caldwell, for defendant-appellant.

Dean J. Miller of Gigray, Miller, Downen, Weston & Pasley, Caldwell, for plaintiff-respondent.

SWANSTROM, Judge.

Jeffrey Jenkins appeals from a district court order refusing to grant him attorney fees under former I.C. § 12-120(2) as the prevailing party in a suit to collect a debt allegedly evidenced by a note. The issue raised is whether the written instrument is indeed a "note" within the statute or is a contract (other than for the sale of goods) outside the statute. The district court held it to be a contract. We hold it to be a note. Accordingly...

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