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RULE v. U.S. BANK NAT. ASS'N

Nos. 24785, 24973.

991 P.2d 857 (1999)

133 Idaho 669

RULE SALES AND SERVICE, INC., Plaintiff-Appellant, v. U.S. BANK NATIONAL ASSOCIATION, successor in interest to West One Bank, Defendant-Respondent.

Court of Appeals of Idaho.

Review Denied January 12, 2000.

Attorney(s) appearing for the Case

Richard L. Harris, Caldwell, for appellant.

Hall, Farley, Oberrecht & Blanton, Boise, for respondent. J. Kevin West argued.

LANSING, Judge.

This appeal raises issues as to whether enforcement of an alleged oral agreement to modify a loan contract is rendered unenforceable by the statute of frauds or by a contract clause prohibiting oral modifications. We also must address whether the alleged oral modification, which is unsupported by consideration, may nonetheless be enforceable by application of the doctrine of promissory estoppel.

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