Legal Opinion
Spidell v. Jenkins
Idaho Court of Appeals
Decided October 31, 1986No. 16206PublishedCited by 20 opinions
1Opinion of the Court
SWANSTROM, Judge.
Jeffrey Jenkins appeals from a district court order refusing to grant him attorney fees under former I.C. § 12-120(2) as the prevailing party in a suit to collect a debt allegedly evidenced by a note. The issue raised is whether the written instrument is indeed a “note” within the statute or is a contract (other than for the sale of goods) outside the statute. The district court held it to be a contract. We hold it to be a note. Accordingly, we reverse the court’s denial of attorney fees and we award attorney fees on appeal to Jenkins.
Jeffrey Jenkins and Norman Spidell…
2Cases cited6 opinions
- Sorenson v. AdamsIdaho Supreme Court · 1977
- DeWils Interiors, Inc. v. DinesIdaho Court of Appeals · 1984
- Craft Wall of Idaho, Inc. v. StonebrakerIdaho Court of Appeals · 1985
- Boise Truck & Equipment, Inc. v. Hafer Logging, Inc.Idaho Court of Appeals · 1984
- Cheney v. SmithIdaho Court of Appeals · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bream v. BenscoterIdaho Supreme Court · 2003
- Bott v. Idaho State Building AuthorityIdaho Supreme Court · 1992
- Sunrizon Homes, Inc. v. American Guaranty Investment Corp.Supreme Court of Oklahoma · 1989
- Daisy Manufacturing Co. v. Paintball Sports, Inc.Idaho Court of Appeals · 2000
- Baker v. BorenIdaho Court of Appeals · 1997
15 more not listed; retrieve them via the Exa API.