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MELALEUCA, INC. v. FOELLER

No. 39757.

318 P.3d 910 (2014)

MELALEUCA, INC., an Idaho corporation, Plaintiff-Respondent, v. Rick FOELLER and Natalie Foeller, Defendants-Appellants.

Supreme Court of Idaho, Twin Falls, November 2013 Term.

February 7, 2014.

Attorney(s) appearing for the Case

May, Browning & May, Boise, for appellants. James Justin May argued.

Thomsen Stephens Law Offices, PLLC, Idaho Falls and Ryan D. Nelson and Michael L. LaClare , Idaho Falls, for respondents. Ryan D. Nelson argued.

J. JONES, Justice.

In 1999, Rick and Natalie Foeller apparently1 entered into an agreement with Melaleuca of Canada, Inc., under which the Foellers were to act as independent marketing executives in exchange for monthly commission payments. In 2008, the Foellers breached this agreement but Melaleuca continued to pay them commissions because it was unaware of the breach. Upon learning of the breach, Melaleuca sued to recover the payments...

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