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FREIBERGER v. AMERICAN TRITICALE, INC.

No. 17998.

815 P.2d 437 (1991)

120 Idaho 239

Chuck FREIBERGER, Carol Nelson, and Jerry Woodman, Plaintiffs, v. AMERICAN TRITICALE, INC., an Idaho Corporation; J.R. Simplot Company, a Nevada Corporation; and Simplot Livestock Company, a Nevada Corporation, Defendants. AMERICAN TRITICALE, INC., an Idaho Corporation, Cross Claimant-Appellant, v. J.R. SIMPLOT COMPANY, a Nevada Corporation, and Simplot Livestock Company, a Nevada Corporation, Cross Defendants-Respondents.

Supreme Court of Idaho, Boise, January 1991 Term.

July 29, 1991.

Attorney(s) appearing for the Case

William T. Sali, Meridian, for plaintiffs.

Hawley, Troxell, Ennis & Hawley, Boise, for defendants. Karen L. Lansing, argued.

1991 OPINION NO. 46, FILED APRIL 4, 1991, IS HEREBY WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR.

McDEVITT, Justice.

This action arises from a series of business dealings between the parties. J.R. Simplot Company (Simplot) purchased large quantities of grain from American Triticale, Inc. (ATI) under both purchase order and long term contracts. ATI rented several large buildings from Simplot. In 1975, these dealings became troublesome. Because of cash...

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