FIRST SEC. BANK OF IDAHO v. WEBSTER

No. 18210.

805 P.2d 468 (1991)

119 Idaho 262

FIRST SECURITY BANK OF IDAHO, N.A., a nationally chartered banking corporation, Plaintiff-Respondent, v. Lewis M. WEBSTER and Velma M. Webster, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, September 1990 Term.

January 28, 1991.


Attorney(s) appearing for the Case

Clemons, Cosho & Humphrey, Boise, for defendants-appellants. Kathryn A. Sticklen argued.

Hepworth, Nungester & Lezamiz, Twin Falls, for plaintiff-respondent. John C. Hohnhorst argued.


JOHNSON, Justice.

This case involves a guaranty and a real estate mortgage that were given to a bank in connection with a loan by the bank. The primary issue presented is whether the parol evidence rule was properly applied to preclude consideration of evidence offered to vary the terms of the guaranty and the mortgage. Secondary issues concern whether fraud was sufficiently alleged to permit the consideration of this evidence...

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