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OLSON v. QUALITY-PAK COMPANY

No. 10576.

469 P.2d 45 (1970)

93 Idaho 607

Kenneth G. OLSON and Gary Olson dba Olson Construction Company, Plaintiff-Appellant, v. QUALITY-PAK COMPANY, a Co-partnership consisting of Max Mortensen and Golden Linford, Defendant-Respondent.

Supreme Court of Idaho.

April 30, 1970.

Attorney(s) appearing for the Case

Sharp, Anderson & Bush, Idaho Falls, for appellant.

Rigby & Thatcher, Rexburg, for respondent.

DONALDSON, Justice.

On June 28, 1966, the Olson Construction Company (plaintiff-appellant) and the Quality-Pak Company (defendant-respondent) entered into a written contract where-by Olson Construction was to build a potato cellar for Quality-Pak in consideration of the sum of $10,250. The terms of payment were prescribed as follows:

(1) $2,000 when the contract is entered into; (2) $3,500 when hole is dug, footings are in, and logs delivered;<...

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