Idaho Supreme Court

Simplot Soilbuilders, Inc., a Corporation, Plaintiff-Appellant v. Russell Leavitt and John Houtman…

June 28, 197496 Idaho 17

Summary

The court affirmed the judgment relieving Leavitt of personal liability for fertilizer ordered for Houtman's property. It held that substantial, though conflicting, evidence supported the finding that Leavitt acted as Houtman's disclosed agent, and it rejected Simplot's hearsay objections to Leavitt's testimony and the two exhibits. No separate opinions were filed.

Holding

  • Whether substantial evidence supported the agency finding.. The trial court's finding that Leavitt acted as Houtman's agent and disclosed the agency to Simplot was supported by substantial, although conflicting, evidence and therefore would not be disturbed.
  • Whether the challenged testimony and exhibits were inadmissible hearsay.. The trial court properly admitted Leavitt's testimony concerning his agreement with Houtman and properly admitted the two exhibits as business records.

Docket 11500

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