Leydet v. City of Mountain Home

WALTERS, Chief Judge.

This appeal arises from a dispute regarding a contract between Henry Leydet and the city of Mountain Home to have the city deliver treated wastewater to Leydet’s farm for irrigation. The trial court found that performance under the contract had been affected by a drought and that the contract had been modified by the conduct of the parties. We affirm.

In 1980 Henry Leydet and Julio Sillonis, plaintiffs-appellants, entered into a written contract with the city of Mountain Home, Idaho, for the delivery of treated wastewater over a twenty-year period to irrigate farm land…