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ERVIN CONST. CO. v. VAN ORDEN

No. 20388.

874 P.2d 506 (1993)

125 Idaho 695

ERVIN CONSTRUCTION COMPANY, a Montana corporation, Plaintiff, Counterdefendant-Respondent, v. Jay VAN ORDEN and Shelli Van Orden, husband and wife, Defendants, Counterclaimants-Appellants, v. MASTER LOG HOMES, INC., a Montana corporation, Counterdefendant-Respondent.

Supreme Court of Idaho, Twin Falls March 1993 Term.

Rehearing Denied March 25, 1994.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Pocatello, for appellants. John A. Bailey, Jr. argued.

Blaser, Sorensen & Hansen, Blackfoot, for respondent. Murray J. Sorensen argued.

TROUT, Justice.

Jay and Shelly Van Orden (the Van Ordens) purchased materials and supplies from Master Log Homes, Inc. (Master Log) for the construction of a log home. They later contracted with Ervin Construction Company (Ervin), to complete construction on that home. Both Ervin and Master Log are closely held Montana corporations owned by Jerry Ervin. After the home was eighty to ninety percent completed, the Van Ordens refused to pay for a portion of the completed...

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