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Mosell Equities, LLC v. Berryhill & Co., Inc.

Supreme Court of Idaho

January 26, 2015

MOSELL EQUITIES, LLC, an Idaho limited liability company, Plaintiff-Respondent,
v.
BERRYHILL & COMPANY, INC., an Idaho corporation; JOHN E. BERRYHILL, III; and AMY BERRYHILL, individually, and as husband and wife, Defendants-Appellants

2015 Opinion No. 9

Appeal from the District Court of the Fourth Judicial District of the State of Idaho, in and for Ada County. Hon. Dennis E. Goff, Senior District Judge.

The order of the district court is reversed.

Daniel E. Williams, Thomas Williams & Park, LLP, Boise, argued for appellants.

Paul R. Mangiantini, Clark & Associates, Eagle, argued for respondent.

EISMANN, Justice. Chief Justice BURDICK, Justices J. JONES, HORTON, and Justice Pro Tem WALTERS CONCUR.

OPINION

Page 477

EISMANN, Justice.

This is an appeal out of Ada County from an order granting respondent a new trial. We reverse the order of the district court and remand this case for entry of a judgment that is consistent with the jury verdict.

I.

Factual Background.

On June 28, 2007, Mosell Equities issued a check to Berryhill & Co. in the sum of $50,000. The word " loan" was written on the memo line of the check. John Berryhill, the owner and president of Berryhill & Company, Inc., photocopied the check and wrote below the image of the check the following:

This is a loan from Mosell Equities to cover some misc. downtown expenses during our bookkeeper transition. It will go into the general check register be used for any billing of ...

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