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ASHBY v. HUBBARD

No. 12677.

593 P.2d 402 (1979)

100 Idaho 67

Keith D. ASHBY and Joyce Ashby, husband and wife, Plaintiffs-Appellants, v. Elbert HUBBARD and Saundra Hubbard, d/b/a Hubbard Packing Company, LaMar Barnes and Rory Barnes, Defendants-Respondents.

Supreme Court of Idaho.

April 16, 1979.

Attorney(s) appearing for the Case

Howard L. Armstrong, Jr., Pocatello, for plaintiffs-appellants.

Williams & Castleton, Preston, Archie W. Service and Ron Kerl of Green, Service, Gasser & Kerl, Pocatello, for defendants-respondents.

SMITH, Judge Pro Tem.

This is an appeal by plaintiffs from a summary judgment in favor of the defendants LaMar and Rory Barnes in a contract action involving the purchase, sale, and processing of a calf. The defendants LaMar and Rory Barnes raised the affirmative defense of an accord and satisfaction prior to the institution of the suit, and later moved for a summary judgment on that ground. The trial court granted the motion and a judgment was entered dismissing...

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