Aetna Insurance Company, a Corporation v. Craftwall of Idaho, Inc., an Idaho Corporation, D/B/A Heritage Cabinets

FARRIS, Circuit Judge:

Aetna Insurance Company appeals the grant of summary judgment of the U.S. District Court of the District of Idaho, Ryan, J., in favor of Craftwall of Idaho, Inc. Aetna seeks to recover $291,890 which it paid to an insured landlord, Hahn Enterprises, as a result of a fire allegedly caused by the negligence of Craftwall, one of Hahn’s commercial tenants.

In August or September 1980, Paul Hay-man, the general manager of Hahn, orally agreed with Bruce Sweeney, an officer of Craftwall, to lease space to Craftwall. Between September and November 6, 1980, Craftwall occupied a…