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LOCKWOOD GRADERS OF IDAHO v. NEIBAUR

No. 8569.

326 P.2d 675 (1958)

LOCKWOOD GRADERS OF IDAHO, Inc., a corporation, Plaintiff-Appellant, v. Darwin NEIBAUR, Bruce Neibaur and Warren Neibaur, co-partners doing business under the name of Neibaur Bros., a partnership, Defendants-Respondents.

Supreme Court of Idaho.

June 11, 1958.

Attorney(s) appearing for the Case

Bellwood & Goodman, Rupert, Elam & Burke, Boise, for appellant.

Lowe & Lowe, T. H. Church, Burley, for respondents.

McQUADE, Justice.

Appellant and cross-defendant is a corporation engaged in the sale and service of farm equipment, with its principal place of business at Rupert, Idaho. Respondents and cross-complainants are co-partners doing business under the trade name of Neibaur Bros., a partnership.

In October of 1955, the respondents were harvesting approximately 550 acres of potatoes. On October 12, 1955, a date during the harvest season, the respondents took delivery...

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