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WESTERN WORLD, INC. v. PRATER

No. 19189.

828 P.2d 899 (1992)

121 Idaho 870

WESTERN WORLD, INC., an Idaho corporation, Plaintiff-Respondent, v. Jack L. PRATER, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied May 5, 1992.

Attorney(s) appearing for the Case

Randolph E. Farber, Nampa, argued, for defendant-appellant.

David E. Kerrick, Caldwell, argued, for plaintiff-respondent.

WALTERS, Chief Judge.

This is an appeal from an order denying an award of attorney fees sought by the defendant-appellant, Jack Prater, upon successfully defending against an action brought by the respondent, Western World, Inc., to collect on a promissory note executed by Prater. We hold that the district court erred in denying the recovery of fees and we remand the case for further proceedings.

Western World commenced this action for collection of $6,000...

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