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ANDERSON & NAFZIGER v. G. T. NEWCOMB, INC.

No. 12906.

595 P.2d 709 (1979)

100 Idaho 175

ANDERSON & NAFZIGER, a partnership, Plaintiff-Counterdefendant, Appellant-Cross-Respondent, v. G.T. NEWCOMB, INC., an Idaho Corporation, and Pringle Manufacturing Company, a Washington Corporation, Defendants, and G.T. Newcomb, Inc., an Idaho Corporation, Defendant-Counterclaimant, Respondent-Cross-Appellant. G.T. NEWCOMB, INC., an Idaho Corporation, Cross-Claimant, v. PRINGLE MANUFACTURING COMPANY, a Washington Corporation, Cross-Defendant.

Supreme Court of Idaho.

May 18, 1979.

Attorney(s) appearing for the Case

William A. Parsons of Parsons & Smith, Burley, for appellant-cross-respondent.

Jeffrey A. Strother of Moffatt, Thomas, Barrett & Blanton, Boise, May, May, Sudweeks & Shindurling, Twin Falls, for respondent-cross-appellant.

DONALDSON, Justice.

On February 11, 1974, Anderson & Nafziger (plaintiff-appellant) (buyer) and G.T. Newcomb, Inc. (defendant-respondent) (seller) entered into a written contract whereby buyer ordered three pivots (circular sprinkling systems) from seller. The written agreement contained on its back several broad disclaimers of liability by seller. Buyer alleged that seller orally promised delivery of the pivots by the middle of May 1974. However the written contract...

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