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

Nos. 11106 and 11126.

516 P.2d 702 (1973)

95 Idaho 645

TOM NAKAMURA, INC., a corporation, Plaintiff, v. G & G PRODUCE COMPANY, INC., a corporation, et al., Defendants. Max LEHMAN, Individually, et al., Counter-Claimants-Respondents, v. TOM NAKAMURA, INC., a corporation, and St. Paul Fire & Marine Insurance Company (surety on the attachment bond) an insurance corporation, Counter-Defendants-Appellants. R.A. WARNOCK, Plaintiff, v. G & G PRODUCE COMPANY, INC., a corporation, et al., Defendants. Max LEHMAN, Individually, et al., Counter-Claimants-Respondents, v. R.A. WARNOCK and Western Surety Company (surety on attachment bond) an insurance company, Counter-Defendants-Appellants.

Supreme Court of Idaho.

October 2, 1973.

Attorney(s) appearing for the Case

Peter J. Boyd, Elam, Burke, Jeppesen, Evans & Boyd, Boise, for appellants.

William J. Brauner, Brauner, Fuller & Doolittle, Caldwell, and John Hjellum, II, Boise, for respondents.

McFADDEN, Justice.

The two cases here on appeal were previously before the court and the facts relevant to this appeal are reported in Nakamura, Inc. v. G & G Produce Co., 93 Idaho 183, 457 P.2d 422 (1969). In the previous decision we remanded the cases to the trial court to determine whether the respondents were estopped to claim damages for wrongful...

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