Dunn v. Baugh, No. 11037

CourtIdaho Supreme Court
Writing for the CourtSHEPARD; DONALDSON, C. J., McQUADE and McFADDEN, JJ., and QUINLAN
Citation95 Idaho 236,506 P.2d 463
Docket NumberNo. 11037
Decision Date13 February 1973
PartiesCharles O. DUNN and Greta H. Dunn, Husband and wife, Plaintiffs-Appellants, v. J. LaTharr BAUGH and Patricia Baugh, husband and wife, Defendants-Respondents.

Page 463

506 P.2d 463
95 Idaho 236
Charles O. DUNN and Greta H. Dunn, Husband and wife, Plaintiffs-Appellants,
v.
J. LaTharr BAUGH and Patricia Baugh, husband and wife, Defendants-Respondents.
No. 11037.
Supreme Court of Idaho.
Feb. 13, 1973.

Ronald G. Carter, Boise, for plaintiffs-appellants.

Bruce O. Robinson, Kenneth F. White, Nampa, for defendants-respondents.

SHEPARD, Justice.

This is an action for dissolution of a partnership and an accounting. The matter arose out of a complex series of transactions between the parties concerning the operation of four farms in Gooding County. Following trial, the district court found that there had been an informal partnership agreement between the parties under the terms of which they would contribute equally to the farming business. The court ordered the sale of one of the farms which was the sole remaining partnership asset, and further ordered that the proceeds first be applied to the liquidation of outstanding partnership debts and the remaining sum be divided equally between the parties. We affirm.

The relationship between plaintiffs-appellants Dunn and defendants-respondents Baugh arose in 1964 which Baugh executed [95 Idaho 237]

Page 464

a purchase agreement to buy the 'Porter' and 'Hagerman' farms from Dunn. Baugh worked both of those farms during the 1965 crop year but was unable to make the payments called for by the purchase agreement. The parties thereafter cancelled the purchase agreement by mutual agreement in early 1966. Thereafter in a separate transaction Dunn exchanged the 'Hagerman' farm for the 'Matthews' farm.

After the parties had agreed to a dissolution of the 1964 purchase agreement they decided to purchase the 'Johnson' farm in early 1966. The parties had the following understanding at the beginning of the 1966 crop season pertaining to the operation of three farms. Baugh was to work the 'Porter' and 'Matthews' farms and Baugh and Dunn were to share equally in any profits realized from the sale of crops off those farms. As to the operation of the Johnson farm Dunn agreed to supply the land and Baugh agreed to supply the labor and machinery. Bauth was to use farm income to pay the operating expenses as well as the purchase price. The parties planned to share equally in any profits realized therefrom.

Baugh farmed the Porter, Matthews and Johnson farms during the 1966 crop season. In order to operate these farms, Baugh borrowed cash from the Bank of Idaho on promissory notes, two of which were guaranteed by Dunn. At the end of the 1966 crop season, Dunn sold both the Porter and Matthews farms. Baugh continued to work the Johnson farm during the 1967 season under the general oral partnership agreement. During 1967 Dunn refused to supply Baugh with any financial backing to facilitate Baugh's obtaining loans for operating capital. Baugh was unable to make the contract payments on the Johnson farm during 1967.

Dunn brought this action in October 1968 seeking to dissolve the partnership and requesting payment of Dunn's share of the partnership proceeds. All of the partnership assets were liquidated with the exception of the Johnson farm. The proceeds of liquidation were applied to debts incurred during the partnership operation but there remained some $5,936.92 in unsatisfied partnership debts. Dunn and Baugh had met on occasion to discuss their farming...

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32 practice notes
  • Clark v. International Harvester Co., No. 12328
    • United States
    • United States State Supreme Court of Idaho
    • June 30, 1978
    ...and presented to the trial court. Issues not presented to the trial court will ordinarily not be considered on appeal. Dunn v. Baugh, 95 Idaho 236, 506 P.2d 463 The plaintiffs' complaint did not specifically allege that the exclusive remedy provided by the "New Equipment Warranty" failed of......
  • Guillard v. Department of Employment, No. 12695
    • United States
    • United States State Supreme Court of Idaho
    • November 28, 1979
    ...City of Coeur d'Alene, 99 Idaho 630, 586 P.2d 1346 (1978); Clark v. Int'l Harvester Co., 99 Idaho 326, 581 P.2d 784 (1978); Dunn v. Baugh, 95 Idaho 236, 506 P.2d 463 1 Mrs. Guillard on her own volition found and accepted work paying $3.88 per hour. She had felt that work for which she was s......
  • Local 1494 of Intern. Ass'n of Firefighters v. City of Coeur d'Alene, No. 12774
    • United States
    • United States State Supreme Court of Idaho
    • September 26, 1978
    ...97 Idaho 26, 539 P.2d 578 (1975). Issues not presented to the district court simply will not be considered on appeal. Dunn v. Baugh, 95 Idaho 236, 506 P.2d 436 (1973). This is not an ordinary case. Here the firefighters have been discharged for almost 18 months, gaining a district court ord......
  • Smith v. Idaho State University Federal Credit Union, No. 16526
    • United States
    • United States State Supreme Court of Idaho
    • July 19, 1988
    ...v. International Harvester Co., 97 Idaho 742, 553 P.2d 1306 (1976); Bair v. Barron, 97 Idaho 26, 539 P.2d 578 (1975); Dunn v. Baugh, 95 Idaho 236, 506 P.2d 463 (1973); Frasier v. Carter, 92 Idaho 79, 437 P.2d 32 The trial court never ruled on the unconscionability issue because it wasn't ra......
  • Request a trial to view additional results
32 cases
  • Clark v. International Harvester Co., No. 12328
    • United States
    • United States State Supreme Court of Idaho
    • June 30, 1978
    ...and presented to the trial court. Issues not presented to the trial court will ordinarily not be considered on appeal. Dunn v. Baugh, 95 Idaho 236, 506 P.2d 463 The plaintiffs' complaint did not specifically allege that the exclusive remedy provided by the "New Equipment Warranty" failed of......
  • Guillard v. Department of Employment, No. 12695
    • United States
    • United States State Supreme Court of Idaho
    • November 28, 1979
    ...City of Coeur d'Alene, 99 Idaho 630, 586 P.2d 1346 (1978); Clark v. Int'l Harvester Co., 99 Idaho 326, 581 P.2d 784 (1978); Dunn v. Baugh, 95 Idaho 236, 506 P.2d 463 1 Mrs. Guillard on her own volition found and accepted work paying $3.88 per hour. She had felt that work for which she was s......
  • Local 1494 of Intern. Ass'n of Firefighters v. City of Coeur d'Alene, No. 12774
    • United States
    • United States State Supreme Court of Idaho
    • September 26, 1978
    ...97 Idaho 26, 539 P.2d 578 (1975). Issues not presented to the district court simply will not be considered on appeal. Dunn v. Baugh, 95 Idaho 236, 506 P.2d 436 (1973). This is not an ordinary case. Here the firefighters have been discharged for almost 18 months, gaining a district court ord......
  • Smith v. Idaho State University Federal Credit Union, No. 16526
    • United States
    • United States State Supreme Court of Idaho
    • July 19, 1988
    ...v. International Harvester Co., 97 Idaho 742, 553 P.2d 1306 (1976); Bair v. Barron, 97 Idaho 26, 539 P.2d 578 (1975); Dunn v. Baugh, 95 Idaho 236, 506 P.2d 463 (1973); Frasier v. Carter, 92 Idaho 79, 437 P.2d 32 The trial court never ruled on the unconscionability issue because it wasn't ra......
  • Request a trial to view additional results

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