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GALBRAITH v. VANGAS, INC.

No. 13773.

655 P.2d 119 (1982)

103 Idaho 912

Fay A. GALBRAITH, Plaintiff-Appellant, v. VANGAS, INC., Defendant-Respondent.

Court of Appeals of Idaho.

December 14, 1982.

Attorney(s) appearing for the Case

Dale P. Thomson, of Kennedy & Kennedy, Rexburg, for plaintiff-appellant.

N. Randy Smith, Pocatello, argued (Gary T. Dance, of Merrill & Merrill, Pocatello, on brief), for defendant-respondent.

WALTERS, Chief Judge.

This case involves the issue of applicable statutes of limitation, where property damage occurs as a result of the explosion of a propane water heater in a residence. We are asked to determine, first, whether the action properly lies in contract, rather than tort, triggering the applicability of the statutes of limitation relating to contracts. Second, if the action properly lies in tort, then did the cause of action accrue when the water heater...

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