HUNT BROS. CONST., INC. v. WOLCOTT

No. 11785.

580 P.2d 418 (1978)

99 Idaho 241

HUNT BROTHERS CONSTRUCTION, INC., an Idaho Corporation, d/b/a Empire Concrete, Plaintiff-Respondent and Cross-Appellant, v. Betty Jean WOLCOTT, formerly Betty J. Luttel, a married woman, doing business in her own name, Robert Tredway and Margaret Tredway, husband and wife, Tredway Farms, Inc., an Idaho Corporation, and Harmony Heights Intermediate Care Facility, Inc., an Idaho Corporation, Defendants-Appellants and Cross-Respondents, and John E. Luttel, former husband of Betty Jean Wolcott, Gerald Coulter, d/b/a Idaho Consultants Association, Robert B. McFarland and Ruth M. McFarland, husband and wife, Montgomery Ward and Company, Inc., a corporation, Sims Enterprises, Inc., d/b/a Tom's Electric, Tom Donadio, d/b/a Tom Donadio Roofing, Internal Revenue Service, an agency of the United States of America and any and all parties in possession or claiming any right to possession to the real property described in Exhibit "A" attached to the complaint, Defendants-Appellants.

Supreme Court of Idaho.

June 22, 1978.


Attorney(s) appearing for the Case

John W. Walker, Moscow, for plaintiff-respondent and cross-appellant.

Scott W. Reed, Coeur d'Alene, for defendants-appellants and cross-respondents.


SHEPARD, Chief Justice.

This is an appeal from a judgment which denied foreclosure of labor and material liens filed by plaintiff-respondent and cross-appellant Hunt Brothers, Inc. The judgment also awarded damages to defendants and cross-claimants Wolcott et al., who are appellants and cross-respondents here.

Wolcott and the Tredways had provided care for handicapped persons for several years prior to 1972. That...

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