BASTIAN v. GAFFORD

No. 11571.

563 P.2d 48 (1977)

98 Idaho 324

Leo BASTIAN, d/b/a Key Building and Lighting, Plaintiff-Appellant, v. V.H. GAFFORD and Geneva Mae Gafford, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

April 20, 1977.


Attorney(s) appearing for the Case

Emil F. Pike, Twin Falls, for plaintiff-appellant.

Graydon W. Smith, Boise, for defendants-respondents.


DONALDSON, Justice.

On appeal, plaintiff-appellant contends that because the trial court in its decision failed to distinguish between contracts implied in fact and quasi-contracts, the court did not decide this case on the theory alleged in appellant's complaint. We agree and therefore reverse the judgment and remand this case for a new trial.

During March, 1972, the defendant-respondent V.H. Gafford asked plaintiff-appellant Leo Bastian if he would be interested...

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