Mission Bank v. Kutko

CAMERON, Chief Justice.

This is an appeal by Mission Bank from a verdict and judgment in favor of John and Barbara Kutko in an action for the balance due under an installment contract to purchase a mobile home. We have jurisdiction pursuant to Rule 19(e), Rules of Civil Appellate Procedure, 17A A.R.S.

We must answer the following questions on appeal:

1. Did the court rule correctly as a matter of law that the Kutkos were entitled to credit for eight payments made from the account of the guarantor of the debt?

2. Did the court err in awarding the Kutkos attorney’s fees?

The facts necessary for a…