Davis v. First Interstate Bank of Idaho, N.A.

BISTLINE, Justice.

This case involves starving sheep and a promise to lend money. The plaintiffs, Emery and Sam Davis, own sheep which run together. The defendant bank concedes it had a valid contract with plaintiffs to lend money for the sheep ranching operation — and that the bank breached this contract when it failed to lend the plaintiffs money in December of 1983. The trial court granted defendant’s motion for summary judgment on the ground that plaintiffs failed to mitigate their damages by seeking alternative financing. We reverse.

Plaintiffs Emery Davis (and his family) and Sam Davis…