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FULL CIRCLE, INC. v. SCHELLING

No. 14687.

701 P.2d 254 (1985)

108 Idaho 634

FULL CIRCLE, INC., Plaintiff-Counterdefendant-Appellant-Cross Respondent, v. Pleun SCHELLING, Defendant-Counterclaimant-Respondent-Cross Appellant.

Court of Appeals of Idaho.

May 21, 1985.

Attorney(s) appearing for the Case

Paul M. Beeks, Twin Falls, for plaintiff-counterdefendant-appellant-cross respondent.

Willis B. Benjamin, Ketchum, for defendant-counterclaimant-respondent-cross appellant.

WALTERS, Chief Judge.

This action was commenced by Full Circle, Inc., a gasoline and diesel supplier, to collect for fuel delivered to Pleun Schelling, a dairy farmer. Schelling counterclaimed, alleging that he had been charged for fuel not delivered. Schelling's counterclaim sought recovery of damages on alternative theories of fraud or breach of contract. The jury found in favor of both claimants, creating offsetting awards that resulted in a net judgment for Schelling...

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