May v. Triangle Oil Co., Inc.

SHEPARD, Chief Justice.

This is an appeal from a judgment in favor of defendants and against plaintiffs in an action upon a note. We reverse.

Plaintiffs-Appellants May and Paz brought this action for a balance due on a promissory note together with interest thereon and attorney fees. The note was executed and delivered to plaintiffs-appellants as part of the consideration paid by defendants-respondents in the purchase of a business establishment, in Pocatello, Idaho, known as the Syndicate Bar.

Defendants-respondents answered and counterclaimed admitting in essence all of the above facts but…