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DAVIS v. RATHBUN

No. 8542.

321 P.2d 609 (1958)

Gene DAVIS, Plaintiff-Respondent, v. Wayne RATHBUN, Defendant-Appellant.

Supreme Court of Idaho.

February 5, 1958.

Attorney(s) appearing for the Case

Murphy & Schwartz, Shoshone, for appellant.

H. N. Jewell, Twin Falls, for respondent.

PORTER, Justice.

Respondent filed his complaint May 25, 1955, in the District Court for Lincoln County, praying for judgment against appellant in the sum of $967.77 together with interest, as balance due on account for goods, wares and merchandise sold and delivered to appellant during the year 1948. Within 20 days thereafter, appellant contacted H. N. Jewell, the attorney for respondent. Appellant advised such attorney that the gasoline and other merchandise

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