Swayne v. Department of Employment

SPEAR, Justice.

The issue presented by this case is whether a certain lease agreement, to which the appellant is a signatory, gives the appellant control of the lessee’s activities so as to constitute the lessee an employee within the terms of I.C. § 72-1316. 1

The undisputed evidence in this case indicates that sometime prior to August 1, 1965, the appellant, Samuel F. Swayne, entered into an agreement to sell to his son, S. David Swayne, a certain piece of property in Orofino, Idaho. The property was, through the efforts of David Swayne and his wife, at least partially converted into a mobile…