[DOWNLOAD] "Craig A. Nalen and Katherine A. Nalen V." by Court of Appeals of Idaho No. 16646 # eBook PDF Kindle ePub Free
eBook details
- Title: Craig A. Nalen and Katherine A. Nalen V.
- Author : Court of Appeals of Idaho No. 16646
- Release Date : January 29, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal arises from an award of attorney fees under § 48-608(3) of the Idaho Consumer Protection Act. Craig and Katherine Nalen, the appellants, contend that the award was unreasonably small. The sole issue is whether the trial court properly exercised its discretion in calculating the amount awarded. For reasons explained below, we vacate the award and remand the case. A review of the facts and proceedings is in order. Craig and Katherine Nalen contracted with Edward Jenkins, doing business as American Homes, for the purchase and construction of a log home. The Nalens advanced a sum of money to Jenkins in accordance with the parties' agreement. Sometime later the Nalens notified Jenkins of their intention to discontinue the purchase. The Nalens requested Jenkins to return their money less his out-of-pocket expenses. Jenkins returned over half of the advanced sum. When he refused to return any further amounts, this litigation followed.