Jack Ingle Et Al. v. Neal H. Perkins And
1973.ID.15054 510 P.2D 480; 95 IDAHO 416
Supreme Court Of Idaho
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Monsanto Company appeals from a judgment in favor of cross-claimant Wefco, Inc. Wefco, a seller of farm supplies, was awarded its costs and attorney fees in defending against a product liability suit filed by Paul and Katherine Borchard. The Borchards claimed damages from a defective product. Wefco filed the cross-claim because the product manufacturer, Monsanto, failed to accept Wefcos tender of defense under the Idaho Product Liability Reform Act. In a case of first impression, Monsanto argues on appeal that the district court erred in awarding costs and attorney fees to Wefco. Monsanto asserts it had no duty under the Act to defend Wefco because the Borchards had alleged an independent claim against Wefco for breach of an express warranty. We affirm the award of costs and attorney fees.
- Category: Law
- Published:May 25, 1973
- Publisher: LawApp Publishers
- Seller: Innodata Book Distribution Services Inc
- Print Length: 6 Pages
- Language: English