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COLEMAN v. CARTER

No. 8346.

289 P.2d 932 (1955)

R. W. COLEMAN, Plaintiff-Appellant, v. Ted W. CARTER, Administrator of the Estate of Clyde A. Brainard, Deceased, and Western Powder Co., a corporation, Defendants-Respondents.

Supreme Court of Idaho.

As Modified on Denial of Rehearing November 29, 1955.

Attorney(s) appearing for the Case

Alvin Denman and Alvin L. Denman, Idaho Falls, for appellant.

John Ferebauer, Idaho Falls, for Ted W. Carter.

Albaugh, Bloem, Barnard & Smith, Idaho Falls, for Western Powder Co.

SMITH, Justice.

Plaintiff in his second amended complaint, alleges that between July 12 and September 20, 1952, he purchased from Clyde A. Brainard and the defendants certain explosives for use in blasting lava rock from trenches which plaintiff was digging for installation of sewers; that at the time of making such purchases plaintiff informed Brainard and defendants of the intended use of the explosives; that Brainard and defendants thereupon recommended to plaintiff...

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