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ERNST v. HEMENWAY AND MOSER, CO., INC.

No. 18173.

821 P.2d 996 (1991)

120 Idaho 941

Larry ERNST and Lori Ernst, husband and wife, Plaintiffs-Respondents, v. HEMENWAY AND MOSER, CO., INC., Hemenway and Moser of Boise, Inc., Defendants, and H and M Distributing, Inc., Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Granted May 29, 1991.

Petition for Review Withdrawn December 13, 1991.

Attorney(s) appearing for the Case

John B. Kugler, Pocatello, for defendant-appellant.

Harry De Haan, Twin Falls, for plaintiffs-respondents.

WALTERS, Chief Judge.

This is an appeal in an action for damages based on the breach of an alleged oral contract relating to the acquisition of a franchise to distribute beer products. A jury found defendant-appellant, H & M Distributing, Inc., to be liable to Larry and Lori Ernst, plaintiffs-respondents, for breach of contract, but determined that the Ernsts had failed to prove damages. The Ernsts moved for a new trial, which the court granted, limiting the new...

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