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TAYLOR v. HERBOLD

No. 10541.

483 P.2d 664 (1971)

94 Idaho 133

Joe TAYLOR, Plaintiff-Respondent and Cross-Appellant, v. Max HERBOLD, individually and Max Herbold, Inc., Defendants-Appellants and Cross-Respondents.

Supreme Court of Idaho.

April 8, 1971.

Attorney(s) appearing for the Case

Goodman & Duff and Creason & Creason, Rupert, for appellants.

James Annest, Burley, for appellee.

SHEPARD, Justice.

This is an action by plaintiff in two counts, one for breach of a contract to purchase potatoes and, secondly, for tortious damages arising from said breach of contract. Following trial to a jury, a verdict was returned for the plaintiff on each count. Thereafter, the trial court granted defendants' motion for a judgment notwithstanding the verdict on the second count. Defendants have appealed and plaintiff...

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