Beard v. George

SCHROEDER, Justice.

The district court granted Carol Jane George (George) a right of setoff in a proceeding initiated by Dan Beard (Beard) to collect on a promissory note. Beard claims the right of setoff was barred by the statute of limitations; and, consequently, the amount of the judgment he obtained was improperly reduced by the setoff. The decision of the district court is affirmed.

I

BACKGROUND AND PRIOR PROCEEDINGS

George was a part owner of Gem State Realty (Gem State) in Twin Falls, Idaho. Beard and Steve Keim (Keim) were associates at Gem State Realty before leaving to join another real…