(Download) "James R. Brinton and Patricia J. Brinton" by Court of Appeals of Idaho * Book PDF Kindle ePub Free

May 13, 2021

eBook details

Title: James R. Brinton and Patricia J. Brinton
Author : Court of Appeals of Idaho
Release Date : January 14, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

LANSING, J. This is an action brought by respondents James R. Brinton and Patricia J. Brinton to recover on a promissory note and to foreclose a deed of trust which secures the note. The makers of the note, G. W. Haight and W. Dea Haight, appeal the district court's award of attorney fees and costs and of prejudgment interest accrued after the Haights had tendered payment of the full balance owed on the note. We conclude that the tender of full payment, made approximately seven months prior to commencement of this action and twenty-six months before judgment, halted further accrual of interest on the note and precluded the assessment of costs and attorney fees against the Haights. Therefore, we remand for modification of the judgment.