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BMC WEST CORP. v. HORKLEY

No. 33140.

174 P.3d 399 (2007)

BMC WEST CORPORATION, Plaintiff-Respondent, v. James H. HORKLEY and Joe's Filing Station, L.L.C., Defendants-Appellants.

Supreme Court of Idaho, Idaho Falls, October 2007 Term.

December 5, 2007.

Attorney(s) appearing for the Case

Swafford Law Office, Chartered, Idaho Falls, for appellant. Ronald L. Swafford argued.

Justin R. Seamons, Idaho Falls, for respondent. Justin R. Seamons, argued.

W. JONES, Justice.

James Horkley and Joe's Filling Station, LLC (Horkley) hired Davies to construct two buildings in Rexburg, Idaho: a restaurant building and an insulated storage building. On an open account, Davies purchased materials from BMC West Corporation (BMC) to use for the project. Davies had opened an account with BMC on October 1, 1988, and BMC closed the account in August 2005. BMC acknowledges that Horkley paid Davies $111,335.91, of which $101,419.41...

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