GREEN v. K. S. WEBSTER & SONS

No. 8178.

291 P.2d 864 (1955)

Cecil GREEN and Calvin Green, copartners, doing business under the firm name and style of Green Brothers, Plaintiffs-Respondents, v. K. S. WEBSTER & SONS, a partnership, and Kenneth S. Webster, Louis Webster and Bud Webster, partners, associated in business under the firm name and style of K. S. Webster & Sons, Defendants-Appellants.

Supreme Court of Idaho.

December 14, 1955.


Attorney(s) appearing for the Case

W. Lloyd Adams, Mary Smith, Rexburg, for appellants.

Holden & Holden, Robert V. Kidwell, Idaho Falls, for respondents.


KEETON, Justice.

Plaintiffs in the trial court, respondents here, brought this action to recover an alleged balance due on a written contract for goods, wares, merchandise and services sold, and allegedly delivered.

By the terms of the contract respondents sold "all of the baled alfalfa hay now located on feed lot site on the home place of Cecil Green * * * which would total approximately 840 tons, more or less"; together with all of the third crop...

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