DEL MILAM & SONS, INC. v. BAILEY

No. 15056.

691 P.2d 1202 (1984)

107 Idaho 587

DEL MILAM & SONS, INC., an Idaho corporation, Plaintiff-Respondent, v. Parley Chad BAILEY and Alona Kay Bailey, husband and wife; Feed-Rite Systems, Inc., an Idaho corporation; United States of America acting through Farmers Home Administration; Gary Burnham dba Burnham Electric, Defendants, and Borg-Warner Leasing, division of Borg-Warner Acceptance Corp., a foreign corporation, Defendant-Appellant. Parley Chad BAILEY, Cross Claimant-Respondent, v. FEED-RITE SYSTEMS, INC., an Idaho corporation, Cross-Defendant, and Borg-Warner Leasing, division of Borg-Warner Acceptance Corp., a foreign corporation, Cross Defendant-Appellant.

Supreme Court of Idaho.

November 16, 1984.


Attorney(s) appearing for the Case

Jeffrey M. Wilson, of Matthews & Wilson, Boise, for cross defendant-appellant Borg Warner Leasing.

Mark Taylor, Rupert, for cross claimant-respondent Parley Chad Bailey.

Michael H. Felton, of Hepworth, Nungester & Felton, Buhl, for plaintiff-respondent Del Milam & Sons.


BAKES, Justice.

The lessor of farm equipment appeals from a judgment for indemnity in favor of the lessee of the equipment. The lessee was held liable for a materialman's lien which was attached to the equipment and lessee's real property by a subcontractor during the construction of the equipment.

The following facts were determined by the district court after a court trial. Defendant Bailey is a dairy farmer who was interested in mixing his own grain feed...

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