Ayotte v. Redmon , 110 Idaho 726 ( 1986 )

BAKES, Justice,

concurring specially:

I concur in the majority opinion and write only to point out that, in addition to seeking a court decree rescinding the contract and granting restitution, the buyers in their complaint ask “for additional and/or alternate relief,” seeking a declaratory judgment requiring the defendants to establish whether they can deliver good title in the event that the buyers paid off the contract. The buyers were not just seeking rescission alone, but were, in the alternative, seeking affirmative relief. Accordingly, this case is not governed by our decision in Ellis v. Butterfield, 98 Idaho 644, 570 P.2d 1334 (1977), and the district court did not err in awarding attorney fees to the plaintiffs.