Agrodyne, Inc. v. Beard

WALTERS, Chief Judge.

The respondents, Agrodyne, Inc. and Energy Incorporated, filed suit to collect the balance due on a contract to provide an ethanol fuel production system for the defendants, Gail and Irene Beard. The Beards counterclaimed for damages, alleging the system installed by the respondents was incomplete and defective. Eventually, the case was dismissed by the district court, purporting to act under I.R.C.P. 40(c).1

The Beards appeal. They raise two issues. First, did the court err by dismissing the action when the Beards failed to comply with an order of the court to post a bond…