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LOOMIS, INC. v. CUDAHY

No. 13072.

615 P.2d 128 (1980)

101 Idaho 459

LOOMIS, INC., Plaintiff and Counterdefendant-Respondent, v. Audrie B. CUDAHY, Defendant, Counterclaimant and Third Party Plaintiff-Appellant, v. John R. SMITH, Ronald W. Liese, Liese & Associates Insurance Inc.; and United Pacific Insurance Co., Third Party Defendants. Ronald W. LIESE and Liese & Associates Insurance Inc., Counterclaimants, v. John R. SMITH and United Pacific Insurance Co., Counterdefendants.

Supreme Court of Idaho.

August 6, 1980.

Attorney(s) appearing for the Case

Victor J. Rolzitto, Ketchum, Michael J. Leech, William J. Holloway, Douglas M. Reimer, Chicago, Ill., for defendant, counterclaimant and third party plaintiff-appellant.

Willis B. Benjamin of Kneeland, Laggis, Korb, Collier & Benjamin, Ketchum, for plaintiff and counterdefendant-respondent.

SHEPARD, Justice.

This is an appeal from a summary judgment in favor of plaintiff-respondent Loomis foreclosing a mechanic's lien against the home of defendant-appellant Cudahy. We reverse and remand.

Cudahy hired Simth, an architect, to design and supervise the construction of a house. Upon the recommendation of Smith, a contract was entered into with one Griffin for the construction of the house. Griffin was required...

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