Burton v. Atomic Workers Federal Credit Union

The majority’s indifference to readily available Idaho case precedent dealing with the statute of frauds defense is somewhat of a puzzlement. If it be that the Court’s opinion does err in its application of the language of I.C. § 9-505(1), presumably so where prior case law is ignored, we are once again thereby rendering a disservice to the bench and bar. The resultant confusion as to what is the law causes this case to fall in line with Duthie v. Lewiston Gun Club, 104 Idaho 751, 663 P.2d 287 (1983), a landmark case which eroded the doctrine of res judicata, as it had previously existed.

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