HARRIS, INC. v. FOXHOLLOW CONST. & TRUCKING

No. 36601.

264 P.3d 400 (2011)

HARRIS, INC., an Idaho corporation, Plaintiff-Counterdefendant-Appellant, v. FOXHOLLOW CONSTRUCTION & TRUCKING, INC., an Idaho corporation, L.N. Johnson Paving, LLC, a limited liability company, Defendants-Respondents, and David Egan, an individual, Ferguson Farms, d/b/a Ferguson Trucking, D. Kym Ferguson, an individual, and Michael Ferguson, an individual, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Idaho Falls, August 2011 Term.

November 2, 2011.


Attorney(s) appearing for the Case

Norman G. Reece, Jr. , P.C., Chubbuck, argued for appellant.

Cox, Ohman & Brandstetter, Idaho Falls, for respondent L.N. Johnson Paving, LLC. John M. Ohman argued.

William H. Mulberry , Ririe, argued for respondent Fergusons.

David Egan , Idaho Falls, respondent pro se.


J. JONES, Justice.

This case involves an action for breach of contract and attendant claims of breach of the covenant of good faith and fair dealing, unjust enrichment, fraud, and indemnification. After a bench trial, Harris, Inc. (Harris), the plaintiff, lost on all claims. We affirm the district court's judgment, except for its attorney fee awards, which we vacate.

I.

BACKGROUND

In early 2002, David Egan, a business manager for Foxhollow...

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