SIMPLOT SOILBUILDERS, INC. v. LEAVITT

No. 11500.

523 P.2d 1363 (1974)

96 Idaho 17

SIMPLOT SOILBUILDERS, INC., a corporation, Plaintiff-Appellant, v. Russell LEAVITT and John Houtman, Defendants-Respondents.

Supreme Court of Idaho.

June 28, 1974.


Attorney(s) appearing for the Case

Kenneth F. Clarke of Clarke & Jarman, Blackfoot, for plaintiff-appellant.

Dwight E. Baker of Furchner, Martsch & Baker, Blackfoot, for defendants-respondents.


BAKES, Justice.

This action was brought by Simplot Soilbuilders, Inc., (hereinafter Simplot) to obtain payment for fertilizer applied to the property of defendant John Houtman. The fertilizer had been ordered by defendant Russell Leavitt, the tenant farmer of Houtman, for use on the Houtman property. Both defendants were sued as principals to the contract. Before trial, default judgment was entered against Houtman, who has declared bankruptcy. He is not a party to...

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