BENZ v. D.L. EVANS BANK

No. 37814.

268 P.3d 1167 (2012)

Leslie BENZ, Plaintiff-Respondent, v. D.L. EVANS BANK, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 2012 Term.

January 25, 2012.


Attorney(s) appearing for the Case

Randolph C. Stone ; Parsons, Smith, Stone, Loveland & Shirley, LLP; Burley; argued for appellant.

Janet C. Wygle ; Loboviski, Wygle, Fallowfield & Ritzau, P.A.; Ketchum; argued for respondent.


EISMANN, Justice.

This is an appeal from a judgment holding that a vendee's lien created in connection with a rescinded real estate contract had priority over a deed of trust that the vendor had granted to a bank to secure a loan to the vendor to construct a house on the property; awarding the vendee interest on her payments under the real estate contract; and awarding the vendee attorney fees pursuant to Rule 37(c) of the...

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