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FOX v. MOUNTAIN WEST ELEC., INC.

No. 26289.

52 P.3d 848 (2002)

137 Idaho 703

Rodney W. FOX, dba State Fire & Safety Systems, Plaintiff-Appellant, v. MOUNTAIN WEST ELECTRIC, INC., Defendant-Respondent.

Supreme Court of Idaho, Boise, May 2002 Term.

Rehearing Denied August 1, 2002.

Attorney(s) appearing for the Case

Wright, Wright & Johnson, PLLC, Idaho Falls, for appellant. David A. Johnson argued.

Baker & Harris, Blackfoot, for respondent. Dwight E. Baker argued.

WALTERS, Justice.

This is a contract dispute between Mountain West Electric, Inc. ("MWE") and Rodney Fox, doing business as State Fire and Safety Systems. The principal dispute arose over the procedure for the compensation of change orders. A resolution was not reached by the parties, and this lawsuit ensued. The district court found that an implied-in-fact contract existed between the parties, using

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