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J.R.SIMPLOT CO. v. ENVIRO CLEAR CO., INC.

No. 23493

970 P.2d 980 (1998)

132 Idaho 251

J.R. SIMPLOT COMPANY, a Nevada corporation, Plaintiff-Appellant, v. ENVIRO-CLEAR COMPANY, INC., a foreign corporation, Defendant-Respondent.

Supreme Court of Idaho, Idaho Falls, October 1998 Term.

Rehearing Denied February 3, 1999.

Attorney(s) appearing for the Case

Tolman Law Office, Twin Falls, for appellant. Steven K. Tolman argued.

Racine, Olson, Nye, Budge & Bailey, Pocatello, for respondent. Brent O. Roche argued.

JOHNSON, Justice

This is a breach of contract and breach of warranty case that involves the application of the chapter concerning sales in the Uniform Commercial Code (the UCC), Title 28, Chapter 2 of the Idaho Code (I.C.). We conclude that the trial court should not have granted a directed verdict dismissing the claims.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

In June 1990, J.R. Simplot Company (Simplot) requested quotations for the purchase...

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