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APPLE'S MOBILE CATERING, LLC v. O'DELL

No. 36128-2009.

233 P.3d 142 (2010)

APPLE'S MOBILE CATERING, LLC, an Idaho limited liability company, Plaintiff-Respondent, v. Thomas O'DELL and Sheila O'Dell, husband and wife, Defendants-Appellants.

Supreme Court of Idaho, Boise, May 2010 Term.

May 28, 2010.

Attorney(s) appearing for the Case

Thomas O'Dell and Sheila O'Dell, pro se appellants.

Anderson, Julian & Hull, LLP, Boise, for respondent.

EISMANN, Chief Justice.

This is an appeal from a judgment in favor of the purchaser of goods under a written contract that the parties had orally modified. Because the contract, as orally modified, had been fully performed, we hold that its enforcement was not barred by the statute of frauds and affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

Thomas and Sheila O'Dell (Sellers) owned a mobile catering business providing meals to wildland firefighters...

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