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CHIEF INDUSTRIES, INC. v. SCHWENDIMAN

No. 12693.

587 P.2d 823 (1978)

99 Idaho 682

CHIEF INDUSTRIES, INC., a corporation, Plaintiff-Appellant, v. Dean E. SCHWENDIMAN and Shirlene P. Schwendiman, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

December 13, 1978.

Attorney(s) appearing for the Case

Charles A. Homer of Holden, Holden, Kidwell, Hahn & Crapo, Idaho Falls, for plaintiff-appellant.

Gordon S. Thatcher of Rigby, Thatcher & Andrus, Rexburg, for defendants-respondents.

SHEPARD, Chief Justice.

This appeal is taken from a summary judgment entered against Chief Industries in an action brought by it to foreclose a materialman's lien.

The material facts are not in dispute. In November 1975, defendant-respondent Dean Schwendiman entered into a contract with W & W Sales and Service, Inc., which called for W & W to construct an all-steel building for fertilizer and grain storage on the Schwendiman property. During February...

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