Green v. Beaver State Contractors, Inc.

DONALDSON, Justice.

Beaver State Contractors, Inc., hereinafter referred to as Beaver State (defendant-appellant), was engaged in a flood control project on the Upper Snake River. Pri- or to the commencement of the work, Beaver State inquired of Lula M. Green (plaintiff-respondent), a property owner in the vicinity of the flood control project, as to the availability of certain lava rock located on her land. With respect to this rock, Beaver State instructed Lula M. Green to have her attorney prepare a written instrument entitled “Borrow Permit” which was in essence a unilateral offer made by…