eBook details
- Title: William P. Chenery v. Agri-Lines
- Author : Court of Appeals of Idaho No. 13763
- Release Date : January 15, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Farm owner William Chenery and his tenants, David and Lois Spencer, sued a farm equipment company, Agri-Lines Corporation, for crop losses and other damages. Just before the scheduled trial, offers of judgment were made by Agri-Lines. Both plaintiffs accepted the offers and judgments were entered accordingly. Later the district court awarded attorney fees to both plaintiffs as prevailing parties under I.C. § 12-120(2). Agri-Lines has appealed those awards. Both Chenery and the Spencers have cross-appealed, contending a greater fee award should have been made. Because this case never went to trial, no findings of fact and Conclusions of law were entered by the district court. However, the following facts can be gleaned from the record. In the summer of 1975, Chenery employed Agri-Lines to repair a turbine pump in a deep well on the farm Chenery leased to the Spencers. The Spencers had experienced a loss of water pressure from the well and concluded that the pump bowls were bad and needed replacement. The bowls were suspended deep within the well at the end of a long drive shaft and pipe column. To replace the bowls, it was necessary to disassemble the pump apparatus and motor and remove over 460 feet of shaft and pipe column from the well. To accomplish this, the column had to be lifted from the well with a winch and disassembled section by section.