Gowen v. Davis

TAYLOR, Justice.

In March, 1956, defendant (respondent) Lester Davis employed Max Lloyd and Merle Morris to transplant two evergreen trees growing on property owned by him in Canyon county. A portion of the Davis property was occupied by motel cabins. Removal of the trees to a new location became necessary to permit improvements planned by Davis. Lloyd and Morris were at that time partners, doing business under the name of Canyon Tree Service. It was orally agreed between Davis and the partners that Davis would excavate around the trees, ball the roots, and otherwise prepare them for moving,…