LOSEE v. IDAHO CO.

No. 34887.

220 P.3d 575 (2009)

Jerry LOSEE and Jocarol Losee, husband and wife, and as members and employees of Sky Enterprises, LLC, an Idaho limited liability company, Plaintiffs-Respondents, v. The IDAHO COMPANY, an Idaho corporation, Sky Enterprises, LLC, an Idaho limited liability company, and William F. Rigby, individually, Defendants-Appellants.

Supreme Court of Idaho, St. Anthony, September 2009 Term.

October 20, 2009.


Attorney(s) appearing for the Case

E.W. Pike & Associates, P.A., Idaho Falls, for appellants. James C. Herndon argued.

Nick L. Nielson and Craig R. Jorgensen, Pocatello, for respondents. Craig R. Jorgensen argued.


J. JONES, Justice.

This is an appeal from a grant of partial summary judgment in favor of Jerry and JoCarol Losee declaring a promissory note and deed of trust null and void. We vacate and remand.

I.

In September 2003, Jerry and JoCarol Losee entered into an Operating Agreement and Membership Interest Purchase Agreement with the Idaho Company to create Sky Enterprises, LLC. The purpose of Sky Enterprises was to manufacture and market the "Rite-Back...

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