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POST v. IDAHO FARMWAY, INC.

No. 25670.

20 P.3d 11 (2001)

135 Idaho 475

Jack POST and Karla Post, husband and wife, Plaintiffs-Respondents, v. IDAHO FARMWAY, INC., an Idaho corporation: Weitz & Co., Inc., an Idaho corporation: Canyon Holding Co., an Idaho limited liability company, Defendants-Appellants, and Tim (Timothy) Corder, Sr., and Lavonne Corder, dba T & LC Farms: and Rick Layher, Sheriff of Elmore County, Idaho, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2000 Term.

March 1, 2001.

Attorney(s) appearing for the Case

Vernon K. Smith, Jr., Boise, for appellants.

Hall, Friedly & Ward, Boise, for respondents Jack and Karla Post, husband and wife. Jay R. Friedly argued.

Thompson and Ashcraft, L.L.P., Mountain Home, for respondents Tim Corder, Sr., and Lavonne Corder dba T & LC Farms. Larry C. Ashcraft argued.

Respondent Layher did not participate in this appeal.

TROUT, Chief Justice.

This is an appeal from an order granting summary judgment to defendants Timothy Corder, Sr. and LaVonne Corder (Corders).

I.

FACTUAL AND PROCEDURAL BACKGROUND

Jack and Karla Post (Posts) farmed land in Elmore County owned by Idaho Farmway, Inc. (Farmway). Under the terms of their lease, the Posts were obligated to make a $40,000 payment each January 10th and a $35,000 payment each August 1st to Farmway.

Pursuant...

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