Williamsen Idaho Equipment v. Western Casualty & Surety Co.

McQUADE, Justice.

Williamsen Idaho Equipment, plaintiff-respondent, filed this action against Western Casualty & Surety, defendant-appellant, to recover for the costs of repairs of a truck owned by an insured of Western Casualty. The case was tried without a jury and a final judgment in favor of Williamsen was entered by the district court. Western Casualty appealed to this Court and on April 27, 1973, Williamsen filed a motion to dismiss the appeal. This Court reserved ruling on Williamsen’s motion until the case was heard on the merits, and we now conclude that Williamsen’s motion should be…