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FIGUEROA v. KIT-SAN CO.

Nos. 18325, 18872.

845 P.2d 567 (1992)

123 Idaho 149

Manuel FIGUEROA, dba Friendship Truck Express, Plaintiff-Respondent, v. KIT-SAN COMPANY, aka Kit-San Azusa, Inc., and the Travelers Indemnity Company, Defendants-Appellants. H & H BENTONITE AND MUD, INC., Plaintiff-Respondent, v. KIT-SAN COMPANY, aka Kit-San Azusa, Inc., and the Travelers Indemnity Company, Defendants-Appellants.

Court of Appeals of Idaho.

Rehearing Denied December 11, 1992.

Petition for Review Denied February 18, 1993.

Attorney(s) appearing for the Case

Randall, Blake, Cox, Risley & Trout, Lewiston, for defendants-appellants. Kim Jay Trout, argued.

Marcus, Merrick & Montgomery, Boise, for plaintiffs-respondents. Gale M. Merrick, argued.

WALTERS, Chief Judge.

This is a breach of contract case involving the seller of a special type of clay called bentonite, the trucking company that shipped the clay, and the buyer who intended to use the clay to line a sewage treatment lagoon. The clay was supplied and shipped, but ultimately was not used because it allegedly did not meet specifications. The buyer did not pay for the clay or the shipping. The seller and the trucking company sued the buyer, who defended...

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