BARLOW'S, INC. v. BANNOCK CLEANING CORP.

No. 13632.

647 P.2d 766 (1982)

103 Idaho 310

BARLOW'S, INCORPORATED, an Idaho corporation and Dean Rowsell, d/b/a Rowsell's True Value Home Center, Plaintiffs, Counter-Defendants and Respondents, v. BANNOCK CLEANING CORPORATION, Defendant, Cross-Defendant and Respondent, The ESTATE OF MARC WUTHRICH, Deceased and Karl Wuthrich, Personal Representative of the Estate of Marc Wuthrich, Defendants, Counter-Claimants, Cross-Plaintiffs, Third-Party Plaintiffs and Appellants, v. BANNOCK CLEANING CORPORATION and Richard B. Welch and Janice Welch, and Leo R. Ladle, individually and as Trustees for Bannock Cleaning Corporation, a defunct corporation, and John Doe I through XIII and Jane Doe I through XIII, Cross-Defendants, Third-Party Defendants and Respondents.

Court of Appeals of Idaho.

Rehearing Denied June 29, 1982.

Petition for Review August 30, 1982.


Attorney(s) appearing for the Case

R.M. Whittier, Whittier & Souza, P.A., Pocatello, for defendants, counter-claimants, cross-plaintiffs, third-party plaintiffs and appellants.

Ronald J. Jarman of Pocatello, for plaintiffs, counter-defendants and respondents Barlow's, Inc., and Dean Rowsell.

Keith A. Zollinger, McDermott & McDermott, Pocatello, for cross-defendants, third-party defendants and respondents Richard B. Welch and Janice Welch.


BURNETT, Judge.

This case arises from failure by a general contractor, Bannock Cleaning Corporation, to pay for subcontracted labor and materials on a home repair project. Two subcontractors, Dean Rowsell and Barlow's, Inc., filed liens against the subject property and commenced this action to foreclose their liens. The personal representative of Marc Wuthrich, deceased owner of the property, counterclaimed against the subcontractors for filing allegedly invalid liens...

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