IVERSON PAINTS, INC. v. WIRTH CORPORATION

No. 10612.

480 P.2d 889 (1971)

94 Idaho 43

IVERSON PAINTS, INC., a corporation, Plaintiff-Counter-Defendant and Respondent, v. The WIRTH CORPORATION, a corporation, Defendant-Counter-Claimant and Appellant.

Supreme Court of Idaho.

February 10, 1971.


Attorney(s) appearing for the Case

Elam, Burke, Jeppesen, Evans & Boyd, Boise, for appellant.

Smith, Miller & Weston, Caldwell, for respondent.


SHEPARD, Justice.

This case involves an action to recover the purchase price of paint and defendant's affirmative defense and counterclaim alleging a breach of warranty for paint sold at an earlier time by plaintiff to defendant. At the conclusion of the evidence plaintiff made a motion to strike the affirmative defense and for dismissal of the counterclaim. The motions were granted and a verdict was then directed for the plaintiff. We affirm the actions of the trial...

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