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McCLUSKEY COMMISSARY, INC. v. SULLIVAN

No. 11295.

524 P.2d 1063 (1974)

96 Idaho 91

McCLUSKEY COMMISSARY, INC., an Idaho corporation, Plaintiff-Respondent, v. Gary SULLIVAN and Stanley Rice, Defendants-Appellants.

Supreme Court of Idaho.

July 17, 1974.

Attorney(s) appearing for the Case

Dennis J. Sallaz, Sallaz & Scanlan, Boise, for defendants-appellants.

David L. Whitney, Alexanderson, Davis, Rainey & Whitney, Caldwell, for plaintiff-respondent.

McFADDEN, Justice.

McCluskey Commissary, Inc., a corporation, brought this action against Gary Sullivan and Stanley Rice, the defendants-appellants, seeking a judgment for $3,941.72, and interest on an open account. The appellants answered the complaint, generally denying the allegations, and as an affirmative defense alleged that Sullivan never contracted with plaintiff for the purchase of the goods, and that Rice never contracted with the plaintiff except as an...

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