ED SPARKS & SONS v. JOE CAMPBELL CONST. CO.

No. 12240.

578 P.2d 681 (1978)

99 Idaho 139

ED SPARKS & SONS, a sole proprietorship, Plaintiff-Respondent, v. JOE CAMPBELL CONSTRUCTION COMPANY, Joe Campbell, and Fireman's American Insurance Company, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied May 31, 1978.


Attorney(s) appearing for the Case

R. Don Bistline, Pocatello, for defendants-appellants.

Gary L. Cooper of Racine, Huntley & Olson, Pocatello, for plaintiff-respondent.


SHEPARD, Chief Justice.

This is an appeal from a judgment awarding plaintiff-respondent Ed Sparks & Sons the balance of the contract price set forth in a construction contract. The principal question presented is whether there was sufficient evidence of a mutual mistake to sustain the district court's reformation of the contract and thereby exclude certain items otherwise required to be performed by Sparks. We reverse.

Joe Campbell Construction Company...

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