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CITY OF BOISE v. BENCH SEWER DIST.

No. 16787.

773 P.2d 642 (1989)

116 Idaho 25

The CITY OF BOISE, Plaintiff-Respondent-Cross-Appellant, v. The BENCH SEWER DISTRICT, Defendant-Appellant-Cross-Respondent.

Supreme Court of Idaho.

Rehearing Denied June 7, 1989.

Attorney(s) appearing for the Case

Gass & Gass, and Imhoff & Lynch, Boise, for plaintiff-respondent-cross-appellant. David R. Lombardi, argued.

Givens, McDevitt, Pursley, Webb & Buser, Boise, for defendant-appellant-cross-respondent. Charles F. McDevitt, argued.

Before BAKES, Acting C.J., BISTLINE and HUNTLEY, JJ., and McFADDEN and BURNETT, JJ. Pro Tem.

1988 OPINION NO. 122, ISSUED DECEMBER 28, 1988, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

PER CURIAM.

This is a contract case. It illustrates the truism that when two parties enter a contract, they chart a mutual course of action, implicitly choosing the security of a planned future over the risk that events may cause the plan to become undesirable for one party or the other. Today we must decide whether such a contract between the City...

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