PROVIDENT FED. SAV. v. IDAHO LAND DEV.

No. 17117.

757 P.2d 716 (1988)

114 Idaho 453

PROVIDENT FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff-Respondent, v. IDAHO LAND DEVELOPERS, INC., an Idaho corporation; James S. Ady and Beulah C. Ady; Paul M. Pelham and Margery L. Pelham; et al., Defendants, and William E. Mockwitz and Mary Sue Mockwitz, Defendants-Appellants.

Court of Appeals of Idaho.

July 5, 1988.


Attorney(s) appearing for the Case

William M. Killen of Killen & Pittenger, McCall, for defendants-appellants.

Steven D. Erdahl of Elam, Burke & Boyd, Boise, for plaintiff-respondent.


SWANSTROM, Judge.

The dispute in this case surrounds the construction of terms in a concededly unambiguous subordination agreement. William and Mary Mockwitz appeal from the district court's grant of partial summary judgment to Provident Federal Savings and Loan Association. The issues are whether Provident is entitled to judgment as a matter of law based upon the terms of the subordination agreement, and whether the district court abused its discretion in certifying...

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