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BREAM v. BENSCOTER

No. 28215.

79 P.3d 723 (2003)

139 Idaho 364

David J. BREAM, Plaintiff-Appellant, v. Ada BENSCOTER and Ray Benscoter, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, October 2003 Term.

October 31, 2003.

Attorney(s) appearing for the Case

Randall, Blake & Cox, Lewiston, for appellant. Scott M. Chapman argued.

Clark & Feeney, Lewiston, for respondent. Rube G. Junes argued.

EISMANN, Justice.

This is an action to recover on an alleged guaranty in a promissory note. The district court held that the promissory note was ambiguous on its face regarding whether Ada Benscoter signed as a witness or a guarantor, and, after considering parol evidence, it found that she signed the note as a witness. It therefore entered a judgment dismissing the complaint. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY<...

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