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CONSOLIDATED FREIGHTWAYS CORP., ETC. v. BERGAN

No. 12743.

586 P.2d 1053 (1978)

99 Idaho 609

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Plaintiff-Appellant, v. Herman W. BERGAN d/b/a Commercial Tire Supply, Defendant-Respondent.

Supreme Court of Idaho.

November 17, 1978.

Attorney(s) appearing for the Case

Stephen B. McCrea, Coeur d'Alene, for plaintiff-appellant.

H.S. Sanderson, Coeur d'Alene, for defendant-respondent.

DONALDSON, Justice.

Plaintiff-appellant Consolidated Freightways initially instituted suit to recover certain freight charges from the defendant-respondent, Herman W. Bergan, dba Commercial Tire Supply. Upon stipulated facts and the parties' briefs, the magistrate court held for the defendant in a memorandum decision. The plaintiff appealed to district court which reversed and remanded the case for evidence pertaining to the intent of the parties. From the district...

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