A & J CONST. CO., INC. v. WOOD

No. 30743.

116 P.3d 12 (2005)

A & J CONSTRUCTION CO., INC., Plaintiff-Appellant, v. Floyd WOOD, a/k/a Floyd D. Wood, an individual, Defendant-Respondent.

Supreme Court of Idaho.

June 21, 2005.


Attorney(s) appearing for the Case

Ringert Clark Chtd., Boise, Idaho, for appellant. James G. Reid argued.

Foley, Freeman, Borton & Stern, Chtd., Meridian, Idaho, for respondent. Howard R. Foley argued.


JONES, J.

A & J Construction Co., Inc. (A & J) appeals from the district court's decision to grant Floyd Wood's summary judgment motion based upon judicial estoppel.

I.

FACTUAL AND PROCEDURAL BACKGROUND

A & J and Wood entered into a "Joint Venture Agreement and Option to Purchase Real Property" in 1979. Approximately 73 acres of real property near Homedale, Idaho, coined the "Sugar Beet Property," was purchased by Wood in October...

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