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McKAY CONST. CO. v. ADA COUNTY BD. OF COUNTY COM'RS

No. 11432.

538 P.2d 1185 (1975)

96 Idaho 881

McKAY CONSTRUCTION CO., a partnership, Plaintiff-Appellant, v. The ADA COUNTY BOARD OF COUNTY COMMISSIONERS et al., Defendants-Respondents.

Supreme Court of Idaho.

On Rehearing August 6, 1975.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, for plaintiff-appellant.

James E. Risch, Pros. Atty., Ada County, Boise, for defendants-respondents.

SHEPARD, Justice.

This is an appeal from the judgment rendered against plaintiff-appellant McKay Construction Company in an action on a sanitary land fill contract entered into with defendant-respondent Ada County Board of County Commissioners. We reverse and remand.

McKay entered into a contract on March 1, 1972 with Ada County which provided that McKay was to operate two sanitary land fill sites for the handling and disposition of waste. Paragraph 13 of...

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