HILT v. DRAPER

No. 19181.

836 P.2d 558 (1992)

122 Idaho 612

Cecil HILT, Plaintiff-Respondent, v. Larry Wayne DRAPER and Mrs. Larry Wayne Draper, husband and wife; Wayne Dewey Draper and Mrs. Wayne Dewey Draper, husband and wife; Defendants-Appellants, and Jeff Hartman and Mrs. Jeff Hartman, husband and wife, Defendants.

Court of Appeals of Idaho.

Rehearing Denied August 19, 1992.

Petition for Review Denied September 28, 1992.


Attorney(s) appearing for the Case

Hepworth, Nungester & Lezamiz, Twin Falls, for defendants-appellants. Jeffrey J. Hepworth, argued.

May & May, Twin Falls, for plaintiff-respondent. Mark D. Stubbs, argued.


SUBSTITUTE OPINION

The Court's prior opinion dated June 17, 1992, is hereby withdrawn.

SWANSTROM, Judge.

This case involves the dealings of three parties during the summer of 1988: Larry Draper, a farmer who sold hay; Jeff Hartman, a hauler who bought hay and resold it or acted as an agent in hay sales transactions; and Cecil Hilt, a dairyman who purchased hay. Hilt sued Draper and Hartman claiming breach of contract for failure to deliver hay. Default...

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