SHORE v. PETERSON

No. 34488.

204 P.3d 1114 (2009)

William R. SHORE and Roberta S. Shore, husband and wife, Plaintiffs-Appellants-Cross Respondents, v. Rod PETERSON, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, January 2009 Term.

March 5, 2009.


Attorney(s) appearing for the Case

Merrill & Merrill, Chartered, Pocatello, for appellants. Kent A. Higgins argued.

Atkin Law Offices, Bountiful, Utah, for respondent. Blake S. Atkin argued.


J. JONES, Justice.

In the bench trial of this action to collect on a promissory note, the district court found that an accord and satisfaction had discharged the defendant's liability on the note. However, the court declined to award the defendant his costs and attorney fees. Both parties appealed to this Court. We affirm the judgment on the merits but vacate the ruling regarding costs and fees.

I.

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