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SMITH v. BOISE KENWORTH SALES, INC.

No. 12881.

625 P.2d 417 (1981)

102 Idaho 63

Joseph H. SMITH, Plaintiff-Appellant, v. BOISE KENWORTH SALES, INC., an Idaho corporation; Walter O. Casey, Sales Manager for Boise Kenworth Sales, Inc., and in an individual capacity; S. Hatch Barrett, Managing Agent, officer and part owner of said corporation, and as an individual, Defendants-Respondents, and Larry Fritts, Assistant Manager of said corporation and as an individual; Robert M. Stevenson, Secretary-Treasurer of said corporation and as an individual; Paccar, Inc., a Washington corporation doing business in the State of Idaho; Kenworth Motor Truck Co., a Washington corporation doing business in the State of Idaho as a franchised dealer for the sale of Kenworth Motor Trucks, a wholly owned subsidiary of said Paccar, Inc., Defendants.

Supreme Court of Idaho.

March 20, 1981.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, for plaintiff-appellant.

Edwin V. Apel, Jr., of Hawley, Troxell, Ennis & Hawley, Boise, for defendants-respondents.

BAKES, Chief Justice.

The instant controversy arose when an attempted purchase of a diesel truck failed to materialize. Plaintiff appellant Joseph Smith, who alleged that he had actually purchased the truck, appeals from a lower court order granting summary judgment in favor of defendant respondent Boise Kenworth Sales, Inc. The record consists of affidavits, depositions and exhibits.

Joseph Smith, a self employed businessman, had previously purchased a new...

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