Eagle Water Co., Inc. v. Roundy Pole Fence Co., Inc., 25750.

• Court: United States State Supreme Court of Idaho
• Writing for the Court: SCHROEDER, Justice.
• Citation: 134 Idaho 626,7 P.3d 1103
• Parties: EAGLE WATER COMPANY, INC., an Idaho corporation, Plaintiff-Appellant, v. ROUNDY POLE FENCE COMPANY, INC., an Idaho corporation; Doug Roundy, an individual; and Does I through V, Defendants-Respondents.
• Docket Number: No. 25750.,25750.
• Decision Date: 01 August 2000

7 P.3d 1103
134 Idaho 626

EAGLE WATER COMPANY, INC., an Idaho corporation, Plaintiff-Appellant,
v.
ROUNDY POLE FENCE COMPANY, INC., an Idaho corporation; Doug Roundy, an individual; and Does I through V, Defendants-Respondents

No. 25750.

Supreme Court of Idaho, Boise, December 1999 Term.

August 1, 2000.

7 P.3d 1104

Vernon K. Smith, Jr., Boise, for appellant

Thomas G. Maile IV, Boise, for respondents.

SCHROEDER, Justice.

This matter is before the Court on a petition for review from the decision of the Court of Appeals which affirmed the grant of Roundy Pole Fence Company's (Roundy Pole) motion for summary judgment in the magistrate division of the district court. Summary judgment was granted on the basis that Eagle Water Company's (Eagle Water) claim was barred by the four-year statute of limitations.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The facts have been summarized by the Court of Appeals in Eagle Water Co., Inc. v. Roundy Pole Fence Co., Inc., ___ Idaho ____, 7 P.3d 1110, 1999 WL 107109 (Idaho Ct.App.1999):

In early 1991, Eagle Water Company, Inc., twice leased a front loader owned by Roundy Pole Fence Co., Inc. Eagle was billed a total of $1,725, but did not immediately pay the bill. In July of 1991, Doug Roundy, (Roundy), an officer of Roundy Pole, approached Robert DeShazo, an officer of Eagle Water, and requested the use of Eagle Water's John Deere 450c tractor. Although the parties acknowledge that there was an agreement, which allowed Roundy to use the tractor, they do not agree on the terms of the agreement. The tractor was obtained by Roundy sometime in July of 1991 and returned no later than November 15, 1991. Upon its return, the tractor's hour meter reflected 496.5 hours of use.

On December 30, 1991, Eagle Water billed Roundy Pole for its use of the tractor at a rate of $25 an hour. This bill included a credit allotted to Roundy Pole for $1,811.25, the amount Eagle Water owed for its use of the front loader, plus interest. Doug Roundy objected to this bill. A second bill was then sent which adjusted the fee to a monthly rental rate of $2,450, resulting in a $9,800 charge, less the $1,811.25 credit, for an amount due of $7,988.75. The parties disagree as to whether there was an express agreement to convert the rate to the monthly fee. Bills reflecting the monthly rental rate were subsequently sent to Roundy Pole on June 30, and August 13, 1992. DeShazo then wrote to Roundy attempting to clarify any misunderstanding on the billing and resolve the dispute. Thereafter, Eagle Water continued to intermittently send bills, which contained the monthly rate and added 12% interest through April 17, 1995. On September 18, 1995, Eagle Water's attorney sent a letter to Roundy Pole requesting payment. The record does not reveal any formal response to this letter.

Never having received payment, Eagle Water filed a verified complaint on December 15, 1995, alleging mutual open trade accounts with a principal credit balance of $7,988.75 still due and owing to it. A single verified answer was filed for all defendants, who then moved for summary judgment. To support the motion for summary judgment, the defendants also filed an affidavit by Douglas Roundy and an affidavit by their attorney. Attached to counsel's affidavit was a portion of DeShazo's previously taken deposition, along with copies of the bills and documents sent to Roundy Pole by Eagle Water in an attempt to recover the money allegedly owed. Eagle Water did not file any documents or affidavits in opposition to the motion for summary judgment. Following a hearing, the magistrate found that,

The "time of the last item" referred to in I.C. 5-222, occurs on the completion of the last transaction between the parties, which in this case occurred not later than November 15, 1991, the date of Plaintiffs' John Deere Crawler Dozer was returned to Plaintiff, according to Plaintiff's invoices. Plaintiff's complaint was filed on December 15, 1995, which is beyond the four year limitation provided either by I.C. 5-217 or I.C. 5-224. Accordingly, summary judgment is hereby granted in favor of the Defendant and against the Plaintiff.

7 P.3d 1105

The magistrate then dismissed the case with prejudice, reserving the issue of costs and attorney fees. Eagle Water appealed this order to the district court. The magistrate then filed an amended judgment, which awarded the defendants both costs and attorney fees, from which Eagle Water also appealed. Acting in its appellate capacity, the district court upheld the order of summary judgment and the award of costs and attorney fees and further awarded the defendants-respondents both costs and

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