[DOWNLOAD] "Leslie L. Mitchell v. John Siqueiros" by Supreme Court of Idaho No. 12407 # eBook PDF Kindle ePub Free

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eBook details

• Title: Leslie L. Mitchell v. John Siqueiros
• Author : Supreme Court of Idaho No. 12407
• Release Date : January 05, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This appeal is a sequel to Nielsen & Co. v. Cassia & Twin Falls County Joint Class A School District 151, 96 Idaho 763, 536 P.2d 1113 (1975) (hereinafter Neilsen), involving a public works contract for the construction of the Burley Junior High School. The controversy concerns a specialty subcontract bid to perform a portion of the general contract construction project. The district court granted summary judgment for the specialty subcontractor, defendant-respondent John Siqueiros, doing business as J & R Plumbing and Heating Company. The general contractor, plaintiff-appellant Leslie L. Mitchell, doing business as Mitchell Construction Company, appeals and argues that: (1) determining whether a subcontract existed is a question of fact precluding summary judgment; (2) summary judgment was improper because appellant alleged a claim based on fraudulent misrepresentation; and (3) the district court erred in granting summary judgment because appellant's complaint supports a claim based on promissory estoppel. It is the Conclusion of the court that no genuine issue of material fact exists concerning appellant's subcontract claim; however, unresolved issues of fact concerning appellant's fraudulent misrepresentation claim preclude summary judgment. The judgment of the district court is therefore affirmed in part and reversed in part. Because of the court's Disposition of the case, appellant's third contention is not addressed. On February 14, 1974, respondent filed an application for a Class AAA public works contractor's license with the Idaho Public Works Contractors State License Board. Respondent then held a Class AA license authorizing public works contracts not in excess of $250,000.00; a Class AAA license would authorize performing public works contracts in excess of $250,000.00. At the March 3, 1974, meeting of the state licensing board respondent's Class AAA license application was approved but issuance deferred because of the board's thirty day filing requirement.[Footnote 1]

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