CATHER v. KELSO

No. 13868.

652 P.2d 188 (1982)

103 Idaho 684

Roger CATHER, Plaintiff-Respondent, v. Ray KELSO dba Carpet Master's Defendant-Counter Claimant, Cross Claimant-Appellant, v. WESTERN MORTGAGE LOAN CORPORATION a Utah corporation; Clark Olson, d/b/a Clark's Painting and Decorating; and DeWils Interiors, Inc., a Washington corporation qualified to do business in Idaho, Defendants-Respondents, and Wildwood Construction, Inc., an Idaho corporation; Thomas Turner; Terrell, Inc., an Idaho corporation; Keto Heating and Cooling Co. Inc., an Idaho Corporation; Mark N. Gerla, d/b/a Gerla Construction; Holmes Plumbing Co., a business entity; and Franklin Building Supply Co., a business entity, Defendants.

Supreme Court of Idaho.

Rehearing Denied October 29, 1982.


Attorney(s) appearing for the Case

E. Don Copple of Davison, Copple, Copple & Copple, Boise, defendant-counter claimant, cross claimant-appellant.

James R. Gillespie, and Joe H. Uberuaga, II, of Eberle, Berlin, Kading, Turnbow & Gillespie, Chtd., Boise, for plaintiff-respondent.


McFADDEN, Justice.

In August 1979 Ray Kelso, dba Carpet Masters, furnished material and labor on certain property in Boise County, Idaho, owned by Wildwood Construction, subject to a deed of trust. None of the agreed prices for materials furnished by Kelso was paid. On October 12, 1979, Mr. Kelso caused to be filed in the office of the recorder of Boise County, Idaho his claim of lien.

On February 8, 1980, plaintiff...

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