HUNSAKER v. RHODEHOUSE

No. 8322.

289 P.2d 319 (1955)

Orlin HUNSAKER, Plaintiff-respondent, v. C. A. RHODEHOUSE and Mary Rhodehouse, Defendants-appellants.

Supreme Court of Idaho.

October 28, 1955.


Attorney(s) appearing for the Case

T. Harold Lee, Rigby, Nels T. Sahl, St. Anthony, for appellants.

A. A. Merrill, Idaho Falls, for respondent.


PORTER, Justice.

This action was brought by respondent to collect the alleged unpaid balance on a promissory note executed by appellants and to foreclose the real estate mortgage given to secure such note. By their answer appellants alleged payment of the promissory note; and by their cross-complaint asked for judgment for the penalties of usury. The trial court entered judgment in favor of respondent and ordered the foreclosure of the mortgage. From such judgment...

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