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TRI-CIRCLE, INC. v. BRUGGER CORP.

No. 18314.

829 P.2d 540 (1992)

121 Idaho 950

TRI-CIRCLE, INC., a corporation, Plaintiff-Respondent, v. BRUGGER CORPORATION, and Western Ag Systems, Inc., a corporation, Defendants-Appellants-Cross Respondents, and Jason WEIMER, Defendant-Respondent-Cross Appellant.

Court of Appeals of Idaho.

Rehearing Denied March 26, 1992.

Attorney(s) appearing for the Case

Webb, Burton, Carlson, Pedersen & Webb, Twin Falls, for defendants-appellants-cross respondents. Lloyd J. Webb argued.

Parsons, Smith, Stone & Fletcher, Burley, for plaintiff-respondent Tri-Circle. William A. Parsons argued.

Ling, Nielsen & Robinson, Rupert, for defendant-respondent-cross appellant Weimer. Brent T. Robinson argued.

SUBSTITUTE OPINION

The Court's prior opinion dated September 30, 1991, is hereby withdrawn.

SILAK, Judge.

This action was brought by Tri-Circle, Inc., to obtain payment for materials and labor supplied to farm property owned by Brugger Corporation (hereinafter Brugger/Western Ag)1 and leased and operated by Jason Weimer. The district court, sitting without a jury, found that Weimer had acted as Brugger/Western Ag's agent...

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