IDAHO POWER CO. v. COGENERATION, INC.

No. 22669.

921 P.2d 746 (1996)

129 Idaho 46

IDAHO POWER COMPANY, an Idaho corporation, Plaintiff-Counterdefendant-Respondent, Cross Appellant, v. COGENERATION, INC., an Idaho corporation, Defendant-Counterclaimant-Appellant, Cross Respondent.

Supreme Court of Idaho, Lewiston, May 1996 Term.

August 12, 1996.


Attorney(s) appearing for the Case

Orndorff & Trout, Boise, for appellant. Kim J. Trout, argued.

Evans, Keane, Boise, for respondent. Bruce C. Jones, argued.


JOHNSON, Justice.

This is a contract dispute between a public utility and a cogeneration company developing a hydroelectric facility. We conclude that the trial court should not have granted summary judgment in favor of the utility because a question exists whether there has been an event of force majeure that would excuse the cogenerator from its failure to post a contractually required security bond.

I.

...

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