Desert Irrigation Co. v. Tolmie

Twelve jurors, the trial judge, and Judge Burnett have sided with Desert Irrigation. I join that group. The other group takes the position that it was error on the part of Judge Doolittle to not have granted a directed verdict.

*79In Judge Burnett’s opinion, he correctly points to the error in the Court of Appeals’ opinion which “equates the case to one in which there was either no express contract, a contract silent on compensation, or a failure to perform the contract.” Desert Irrigation v. Tolmie, 103 Idaho 673, 678, 651 P.2d 938, 943 (1983). In my view this Court’s review of the law of…