Wesco Autobody Supply, Inc. v. Ernest

SUBSTITUTE OPINION.

THE COURT’S PREVIOUS OPINION FILED JULY 28, 2010 IS HEREBY WITHDRAWN.

BURDICK, Justice.

This case arises out of the purchase by Appellant Wesco Autobody Supply, Inc. (Wesco) of three auto body supply stores from Paint & Equipment Supply, Inc. (P & E) on August 1, 2005. The stores were located in Idaho Falls, Pocatello, and Twin Falls, Idaho (Idaho Stores). Respondents Holly Ernest (Ernest) and Tom Davis (Davis) were owners of Automotive Paint Warehouse (APW), a wholesale supplier to the three stores, and Paint & Spray Supply, Inc. (P & S), an Idaho corporation that owned…