AgAMERICA, FCB v. WESTGATE

No. 22477.

931 P.2d 1 (1997)

129 Idaho 621

AgAMERICA, FCB, a corporation, successor in interest to Farm Credit Bank of Spokane, and successor by merger of the Federal Land Bank of Spokane, Plaintiff, v. William WESTGATE, individually and as successor personal representative of the Estate of Mary Marie Westgate, Flordeliza Westgate, issue of William Westgate, Marvin Kinzer and Elaine Kinzer, husband and wife, Calam Temple of the Shrine, Northwest Farm Credit Services, ACA, successor by merger to the Interstate Federal Land Bank Association, Defendants. Marvin KINZER and Elaine Kinzer, Husband And Wife, Cross Claimants-Appellants, v. William WESTGATE, individually and as successor personal representative of the Estate of Mary Marie Westgate, Jane Doe Westgate, Issue of William Westgate, Cross Defendants-Respondents.

Court of Appeals of Idaho.

January 31, 1997.


Attorney(s) appearing for the Case

Lary C. Walker, Weiser, for appellants.

Edwin L. Litteneker, Lewiston, for respondents.


PERRY, Judge.

This case arose out of a foreclosure proceeding. Tenants of the property filed a cross-claim against the mortgagor seeking damages for lost profits from the property or, in the alternative, reimbursement of a portion of the prepaid lease amount. The district court granted summary judgment for the mortgagor on the cross-claim, and the tenants appeal. We vacate the order granting summary judgment and remand for further proceedings.

I.

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