321 P.3d 726
Idaho2014Background
- EIS, a Pocatello landscaping company, bought a Compact Power Boxer 526 DX Mini Skid Loader with a Perkins engine in Oct 2007 from Rocky Mountain Machinery.
- In May 2009 the Skid developed mechanical problems; RMM advised the engine was bad and to take it to a Perkins dealer.
- NWPS, a Perkins dealer, evaluated the engine; George authorized Webb to deliver the Skid to NWPS, with Webb and Adams testifying about subsequent discussions.
- Adams determined the engine was dusted, needed replacement, and not covered by warranty; Adams allegedly sought approval to repair or replace, with conflicting testimony about authorization.
- NWPS replaced the engine and charged EIS $4,385.18; EIS refused to pay and NWPS removed the engine, charging for removal; EIS still refused to take the Skid.
- EIS filed suit on Nov 30, 2010; NWPS and others were later dismissed by stipulation; NWPS moved for summary judgment, which the district court granted, awarding NWPS fees; EIS appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment on breach of contract was proper | EIS argues genuine facts exist on authorization and contract formation. | NWPS contends there was clear authorization to replace the engine; no contract breach. | Yes; NWPS granted judgment as a matter of law. |
| Whether Webb had apparent authority to bind EIS | EIS asserts lack of apparent authority to authorize replacement. | NWPS contends Webb’s actions were authorized or effectively authorized by EIS. | Court rejected need to decide, as contract authority was established. |
| Whether the statute of frauds barred the alleged oral contract | EIS contends oral contract under statute of frauds. | NWPS argues no counterclaim and statute of frauds inapplicable. | Not reached as moot; statute of frauds defense deemed inapplicable. |
Key Cases Cited
- Summers v. Cambridge Joint Sch. Dist. No. 432, 139 Idaho 953 (2004) (standard of review for summary judgment)
- ParkWest Homes, LLC v. Barnson, 154 Idaho 678 (2013) (summary judgment considerations; liberal construction)
- G & M Farms v. Funk Irrigation Co., 119 Idaho 514 (1991) (if record raises no credibility or weighing issues, grant summary judgment)
- Hoagland v. Ada Cnty., 154 Idaho 900 (2013) (liberal construction of disputed facts in favor of non-mover)
- Grazer v. Jones, 154 Idaho 58 (2013) (affirm when district court reaches correct result by a different theory)
- Johnson v. Gorton, 94 Idaho 595 (1972) (affirmance on correct theory when final judgment rests on alternative reasoning)
- Mosell Equities, LLC v. Berryhill & Co., Inc., 154 Idaho 269 (2013) (breach of contract elements and related damages; summary judgment context)
- Troupis v. Summer, 148 Idaho 77 (2009) (prevailing party attorney’s fees in commercial transactions)