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Publisher Description

This is an appeal by defendants-appellants Harlan Olson and Beverly Olson from a judgment in favor of plaintiff Scott Ross in an action to foreclose a contractor's lien. The action arose out of a contract between defendant-appellant Harlan Olson and plaintiff-respondent Scott Ross, a Mountain Home paving contractor, whereby Ross installed an asphalt mat in a feed lot on an Elmore County dairy farm which the Olsons were purchasing under escrow contract from Ralph and Dorothy Groefsema. The district court found that the oral contract between the parties, negotiated in November, 1968, called for installation of an asphalt mat at least two inches in thickness at an agreed price of $1.85 per square yard of asphalt and $2.50 per cubic yard of gravel used. The district court further found that neither Ross nor Olson was an expert in the design and installation of asphalt mats in cattle feeding lots, that the particular installation in question was in the nature of an experiment by both parties, that there were no clearly drawn specifications as to the method or manner of performing the work, and that there was no definite agreement between the parties as to the time within which the job was to be completed. Evidence on certain of these points was conflicting, but the above findings of the district court are amply supported by evidence in the record and will not be disturbed on this appeal. Mitchell v. Flandro, 95 Idaho 228, 506 P.2d 455 (1972); Durfee v. Parker, 90 Idaho 118, 410 P.2d 962 (1965).

GENRE
Professional & Technical
RELEASED
1974
June 13
LANGUAGE
EN
English
LENGTH
9
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
62.5
KB