Smith Ex Rel. Smith v. Treasure Valley Seed Co.

Vernon K. Smith appeals the district court’s award of attorney fees to Treasure Valley Seed Company, LLC and its owner Don Tolmie (collectively TVSC). Because we conclude the district court erred in fashioning the award of attorney fees under Idaho Code section 12-121, we vacate and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

This ease arises from a contract for the sale of lima beans between Victoria H. Smith and TVSC. On December 13, 2013, Victoria’s son, Vernon K. Smith, filed a complaint against TVSC. The complaint alleged claims for breach of the lima beans contract. As plaintiff, the…