Worden v. Ordway

BAKES, Justice.

This is an appeal from the dismissal of Counts 1 and 3 of plaintiff’s complaint. The dismissal was granted at the end of the trial, but prior to submission of the balance of the issues raised by plaintiff’s complaint to the jury, which returned a verdict against plaintiff. Viewing the evidence most favorably to the appellant on those two dismissed counts, as we must, Pigg v. Brockman, 85 Idaho 492, 381 P.2d 286 (1963), the evidence before the trial court is reasonably susceptible to the following interpretation.

Appellant moved to Lewiston from Oregon in March, 1977. After…