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EDDINS CONST., INC. v. BERNARD

No. 17050.

806 P.2d 433 (1991)

119 Idaho 340

EDDINS CONSTRUCTION, INC., and Lee Eddins, Plaintiffs-Respondents-Cross Appellants, v. Larry BERNARD and Geraldine Bernard, husband and wife, and Shane Bernard, and Seubert Excavators, Inc., Defendants, and Larry Bernard, Defendant-Appellant, and Seubert Excavators, Inc., Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Lewiston, October 1990 Term.

February 20, 1991.

Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellants. Ronald T. Blewett, argued.

Strom & Longeteig, Craigmont, for respondents. Wilfrid W. Longeteig, argued.

JOHNSON, Justice.

This is a construction contract case in which a dispute over payment arose between the prime contractor and others who performed work on the project. The primary issues presented and our decisions are:

1. Did the trial court properly submit the issue of punitive damages to the jury? We conclude that the trial court should not have submitted the issue of punitive damages to the jury, because...

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