McKinney v. Kirkness

BAKES, Acting Chief Judge..This is an appeal from an award of attorney fees under I.C. § 12-120(2) in favor of defendant respondent Kirkness in an action by the plaintiff appellant McKinney to recover a motor vehicle or its fair market value.

McKinney entered into an agency agreement with National Auto Finders, Inc., to sell his 1971 Pontiac on consignment. National Auto Finders sold the vehicle to Kirkness, delivered the automobile to Kirkness and collected the purchase price of $7,100. However, National Auto Finders did not remit the $7,100 to its principal, McKinney, who then refused to…