Black Canyon Racquetball Club, Inc. v. Idaho First National Bank

The majority seemingly demonstrates a proclivity for invading the province of the jury. The existence of a contract and the interpretation of contractual terms are matters which should be determined by the trier of fact rather than by the court via summary judgment. Johnson v. Allied Stores Corp., 106 Idaho 363, 679 P.2d 640 (1984); Bischoff v. Quong-Watkins Properties, 113 Idaho 826, 748 P.2d 410 (Ct.App.1987). This is particularly true where, as in this case, the trier of fact was to have been a jury. See Riverside Dev. Co. v. Ritchie, 103 Idaho 515, 519, 650 P.2d 657, 661 (1982); Riggs v.…