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DESERT IRR. CO., INC. v. TOLMIE

No. 14823.

675 P.2d 338 (1983)

106 Idaho 78

DESERT IRRIGATION CO., INC., an Idaho corporation, Plaintiff-Respondent, v. Warren TOLMIE and Irene Tolmie, husband and wife; Jack G. Harris and Helen Harris, husband and wife; Thomas J. Bulgin and Marie Bulgin, husband and wife; Johnny Callaway and Charlene Callaway, husband and wife; and Water Users Association of the Carlsen Lateral, Inc., an Idaho corporation, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied February 9, 1984.

Attorney(s) appearing for the Case

Daniel T. Eismann, Homedale, for defendants-appellants.

Stephen C. Batt, of Gatchel & Batt, Payette, for plaintiff-respondent.

PER CURIAM:

Defendant, Water Users Association of Carlsen Lateral, Inc., contracted with plaintiff, Desert Irrigation Co., Inc., to construct a main irrigation pipeline. The written contract provided that the plaintiff be paid "a sum not exceeding $25,000" upon completion and final billing. Completion was to be "not later than the commencement of the irrigation season of 1976...." Individual defendants, who are also members of the association, contracted separately...

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