THOMAS v. ARKOOSH PRODUCE, INC.

No. 27066.

48 P.3d 1241 (2002)

137 Idaho 352

G. Matthew THOMAS, in his capacity as Personal Representative of the Estate of Daniel A. Thomas, Plaintiff-Appellant, v. ARKOOSH PRODUCE, INC., an Idaho corporation, First Security Bank, N.A., a Federally Chartered Bank in good standing in the State of Idaho, headquartered in Salt Lake City, Utah; Life Investors Insurance Company of America, an Iowa corporation; Rain For Rent, Inc., an Arizona corporation; and John Does 1-10, Jane Does 1-10 and Corporations XXX-XYZ consisting of All Other Persons and Entities Claiming Any Right, Title or Interest In or To The Real Property which is the Subject of This Action, Defendants-Respondents. Arkoosh Produce, Inc., an Idaho corporation, Counterclaimant, v. G. Matthew Thomas, individually and in his capacity as Personal Representative of the Estate of Daniel A. Thomas, Deceased, Counterdefendant.

Supreme Court of Idaho, Boise, March 2002, Term.

June 5, 2002.


Attorney(s) appearing for the Case

Givens Pursley, LLC, Boise, for appellant. David R. Lombardi argued.

Arkoosh & James, PLLC, Gooding, for respondent Arkoosh Produce, Inc.

Stoel Rives, LLP, Boise, for respondent LIIC. Dale G. Higer argued.


TROUT, Chief Justice.

I. NATURE OF THE CASE

This is an appeal by Matthew Thomas as a personal representative of the Estate of Daniel Thomas (Estate) from a court trial in which the district judge found in favor of the Estate on a promissory note, but declined to award prejudgment interest based on equitable defenses. We reverse and remand for further proceedings.

II. FACTUAL AND PROCEDURAL HISTORY

In 1988, Greenhorn Farms, which was an...

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