HAGEN v. BUTLER

No. 8972.

363 P.2d 712 (1961)

Donald E. HAGEN and Marie Hagen, Plaintiffs-Appellants, v. Harry BUTLER, Juanita Butler, Tracy W. Lyman and Aura C. Lyman, Defendants-Respondents. Tracy W. LYMAN and Aura C. Lyman, Cross-plaintiffs-Respondents, v. Harry BUTLER, Juanita Butler, Donald E. Hagen, Marie Hagen, and Arden Dairy Farms, a corporation, Cross-defendants-Respondents.

Supreme Court of Idaho.

July 20, 1961.


Attorney(s) appearing for the Case

J. Henry Felton, Lewiston, for appellants.

Eli Rapaich, Rapaich & Knutson, Lewiston, for respondents Harry and Juanita Butler.

Wm. J. Jones, Lewiston, for respondents Tracy W. and Aura C. Lyman.


KNUDSON, Justice.

On September 18, 1956, appellants, Donald E. Hagen and Marie Hagen, husband and wife, borrowed from respondents, Tracy W. Lyman and Aura C. Lyman, husband and wife, the sum of $10,000 with which to build a place of business generally known as "The Vista House" which is the subject of this litigation. The note evidencing said loan was secured by a mortgage upon the property occupied by said House.

On April 9, 1958, the Lymans loaned appellants...

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