Benz v. D.L. Evans Bank

EISMANN, Justice.

This is an appeal from a judgment holding that a vendee’s lien created in connection with a rescinded real estate contract had priority over a deed of trust that the vendor had granted to a bank to secure a loan to the vendor to construct a house on the property; awarding the vendee interest on her payments under the real estate contract; and awarding the vendee attorney fees pursuant to Rule 37(e) of the Idaho Rules of Civil Procedure. We reverse the part of the judgment holding that the vendee’s lien secures accrued interest that the vendee is entitled to recover from the…