WEAVER v. SEARLE BROS.

No. 21740.

927 P.2d 887 (1996)

129 Idaho 497

C. Dean WEAVER and Carole Weaver, husband and wife, d/b/a Nelson's Seed Cleaning, and Rosalia Producers, and Steven Bruce Booker, on behalf of those Underwriters at Lloyds, London, signatory to certificate number AH 403183, Plaintiffs-Appellants-Cross Respondents, v. SEARLE BROS., a partnership, Merwyn Searle and Karl Searle, John and Jane Does I through V, its partners, and McNabb Grain, Inc., an Idaho corporation, Defendants-Respondents-Cross Appellants. NORTHWEST TRADING COMPANY, a Washington Corporation, Plaintiff, v. Dean WEAVER and Carole Weaver, individually, and as husband and wife, doing business as Nelson's Seed, and Rosalia Producers, Defendants-Third Party Plaintiffs-Third Party Counterdefendants, v. SEARLE BROS., a partnership, Merwyn Searle, and Karl Searle, John and Jane Does I through V, its partners, and McNabb Grain, Inc., an Idaho corporation, Third Party Defendants-Third Party Counterclaimants. McNABB GRAIN, INC., an Idaho corporation, Third Party Counterclaimant, v. Dean WEAVER and Carole Weaver, individually, and as husband and wife, doing business as Nelson's Seed, Third Party Counterdefendants.

Supreme Court of Idaho, Boise, September 1996 Term.

November 27, 1996.


Attorney(s) appearing for the Case

Elam & Burke, Boise, and Lukins & Annis, Spokane, WA, for appellants. Darrell W. Scott argued.

Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, for respondents. J. Walter Sinclair argued.


JOHNSON, Justice.

This is an indemnity case in which the seller of wheat seed seeks indemnity from earlier suppliers of the seed based on settlements the seller made with the growers who planted the seed and experienced losses. We conclude, as follows:

1. The trial court did not abuse its discretion in awarding the seller indemnity or in limiting the amount of the indemnity to the settlement amounts the trial court determined were reasonable.

2. The...

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