Bruno v. First Federal Savings & Loan Ass'n

I concur in the majority opinion which affirms the trial court’s decision that the Brunos in this case have no cause of action against First Federal. At first glance this case looks similar to our recent case of O’Boskey v. First Federal Savings & Loan Ass’n, 106 Idaho 339, 678 P.2d 1112 (1984). The note and deed of trust involved in this case is the same as that involved in O’Boskey. However, the circumstances are different.

In O’Boskey, the owner of the land in question, O’Boskey, entered into a sale agreement with one Kemp who, pursuant to the sale agreement, assumed the obligation under…