NEER v. McFARLAND

No. 8299.

291 P.2d 293 (1955)

Clarence NEER, Plaintiff-Respondent, v. J. R. McFARLAND and Russell Kotschevar, Defendants-Appellants.

Supreme Court of Idaho.

December 14, 1955.


Attorney(s) appearing for the Case

Bandelin, Bandelin & Ponack, Hardy C. Lyons, Sandpoint, McNaughton & Sanderson, Coeur d'Alene, for appellant.

Stephen Bistline, Sandpoint, for respondent.


SMITH, Justice.

July 10, 1952, plaintiff entered into a written contract with defendant Kotschevar, who represented defendant McFarland as a disclosed principal. Plaintiff thereby agreed, for $1,200, to move the McFarland house from its present location to another location. The dispute under this contract arose out of matters having to do with the foundation of the house. The contract, as it relates to the foundation, provides that "the foundations are to be built...

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