COMSTOCK INV. CORP. v. KANIKSU RESORT

No. 17245.

793 P.2d 222 (1990)

117 Idaho 990

COMSTOCK INVESTMENT CORPORATION, a Washington corporation, Plaintiff-Respondent, v. KANIKSU RESORT, Howard H. Gatlin and Jane Doe Gatlin, husband and wife, John Doe Peterson and Jane Doe Peterson, husband and wife, Defendants-Appellants.

Court of Appeals of Idaho.

May 2, 1990.


Attorney(s) appearing for the Case

Thomas E. Cooke, Cooke, Lamanna, Smith & Cogswell, Priest River, for defendants-appellants.

James H. Paulsen, Sandpoint, for plaintiff-respondent.


SUBSTITUTE OPINION

The Court's prior opinion, dated September 11, 1989, is hereby withdrawn.

BURNETT, Judge.

This appeal arises from a sale of personal property to satisfy a lien for services under I.C. § 45-805. The statute provides that a lienholder must pay the property owner any difference between the "proceeds of the sale" and the debt (including costs) secured by the lien. In this case, however, the district court has entered a judgment...

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