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SMITH v. IDAHO PETERBILT, INC.

No. 14458.

683 P.2d 882 (1984)

Ron G. SMITH, Plaintiff-Respondent, v. IDAHO PETERBILT, INC., Defendant-Appellant.

Court of Appeals of Idaho.

June 19, 1984.

Attorney(s) appearing for the Case

Thomas A. Banducci (argued) and Thomas R. Linville, of Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, for defendant-appellant.

Robert M. Tyler, Jr. (argued) and David Emerson Comstock, of Elam, Burke, Evans, Boyd & Koontz, Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Idaho Peterbilt, Inc. appeals from a judgment awarding treble damages against it under I.C. § 45-615(4) for unpaid wages due its former employee, Ron Smith. Peterbilt raises two issues. First, in deciding liability, was the trial court required to make a determination that commissions owed by Peterbilt to Smith had been withheld "wrongfully" by Peterbilt? Second, did the trial court err in holding that only an actual tender by Peterbilt...

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