TOM NAKAMURA, INC. v. G. & G. PRODUCE COMPANY

No. 9972.

457 P.2d 422 (1969)

93 Idaho 183

TOM NAKAMURA, INC., a corporation, Plaintiff, Appellant and Cross-Respondent, v. G. & G. PRODUCE COMPANY, Inc., a corporation, Defendant-Respondent, Lonnie Garrison, individually, and Max Lehman, Individually, Defendants-Respondents and Cross-Appellants. Max LEHMAN, individually, and Max Lehman and Lonnie Garrison, a partnership, Counter-Claimants, Respondents and Cross-Appellants, v. TOM NAKAMURA, INC., a corporation, Counter-Defendant, Appellant and Cross-Respondent, and St. Paul Fire & Marine Insurance Company (surety on the attachment bond), an insurance corporation, Counter-Defendant and Cross-Respondent. R.A. WARNOCK, Plaintiff-Appellant and Cross-Respondent, v. G. & G. PRODUCE COMPANY, Inc., a corporation, Defendant-Respondent, Lonnie Garrison and June Garrison, husband and wife, and Max Lehman, individually, Defendants-Respondents and Cross-Appellants. Max LEHMAN, individually, and Max Lehman and Lonnie Garrison, a partnership, Counter-Claimants, Respondents and Cross-Appellants, v. R.A. WARNOCK, Counter-Defendant, Appellant and Cross-Respondent, and Western Surety Company (Surety on attachment bond), an insurance company, Counter-Defendant and Cross-Respondent.

Supreme Court of Idaho.

Rehearing Denied August 18, 1969.


Attorney(s) appearing for the Case

Bruce O. Robinson, Nampa, for plaintiffs, appellants, counter-defendant and cross-respondents.

John Hjellum, Boise, counsel for Max Lehman, individually, Lonnie Garrison and Max Lehman, a partnership counter-claimants, respondents and cross-appellants.

Brauner, Fuller & Doolittle, Caldwell, counsel for defendants, G. & G. Produce Co., Inc., Lonnie Garrison and June Garrison, individually, Lonnie Garrison and Max Lehman, a partnership, counter-claimants, respondents and cross-appellants.


SHEPARD, Justice.

The cases presented herein were consolidated for purposes of trial. Both cases involve claims by plaintiffs against a corporation known as G. & G. Produce Co., Inc. and the other defendants. Plaintiff Nakamura claimed indebtedness to it in the amount of $9,073.89 as the result of the sale of three loads of mixed produce to G. & G. Produce. Warnock claimed indebtedness to him in the amount of $1,946.23 on an open account against G. & G...

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