Tim Corder, Sr and Lavonne Corder, d/b/a T & LC Farms and Tim Corder, Jr. v. Idaho Farmway , Inc. and Dan Weitz.

Tenant Farming - Landlord/Tenant-Breach of Contract - Unjust Enrichment - Venue - Pump Repairs - The plaintiffs were tenant farmers who brought action against the owners of the land that they farmed for breach of contract and unjust enrichment and also filed action against the corporation that owned the landlord for filing of a false labor lien. The suit was filed by the plaintiff on November 15, 1995, following what the plaintiffs claimed was a breach of contract on the part of the defendant. The plaintiff had been a farmer for about twenty-five years and started farming in the area around Mountain Home, Idaho in 1978. He farmed many different crops during these years, but was primarily known as a sugar beet farmer. The land in question that the plaintiff farmed was 1,500 acres and the plaintiff owned 500 acres outright. Defendant Weitz was the interim president of Idaho Farmway at the time the suit was filed. The property that is actually part of this claim is only 720 acres, where the plaintiff had a signed lease to farm for $71,500 per year to be paid in two payments. The plaintiff was also required to pay utilities on the property like electricity and water used in the farming and the property taxes for the five years of the lease. The defendant was to be responsible for the upkeep of the pumps and other equipment and had promised hat one pump would be repaired to supply the required amount of water. When farming began in September of 1994, the water supply was not adequate and the defendant agreed to correct the problem, which was still not complete as of May 1995. The plaintiff took action to save his crops by hiring to have the pump corrected at his own expense for $12,863. Then number two pump was fixed, because water supply of irrigation was still not sufficient for a cost of $16,946; in addition the plaintiff had to purchase necessary parts for $6,400. The plaintiff further had to pay $3,321.41 to the electrical company to repair the pump stations, which the defendant had failed to have insured. The plaintiff also repaired pump three for $646.76. In May of 1995, the plaintiff sent a letter to defendant's office to advise that he would deduct all of his repair expense from the balance of his lease, to which the defendant did not respond. The defendant also did not make demand for the payment of the rent, which the plaintiff took for agreement; so the plainitiff began his fall planting, at a cost of $8,806.50. The defendant responded by filing a labor lien charge against the plaintiff's crops in September 1995, which was filed even though the defendants had knowledge that the claim was false. When the plaintiff's crops were harvested, the two companies that he sold to issued payment directly to Idaho Farmways, the plaintiff received nothing. The defendant refused to release claim on the funds, which forced the plainitff to suffer an increased interest on his farm loan of $14,042.97 and additional self-employment taxes of $14.657, which led to filing of this action.

Verdict plainitff for $39,575.68 in damages and $37,980.22 in attorney fees.

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Affirmed with direction of the Court of Appeals of Idaho. See 986 P.2d 1019 (Idaho App. 1999). Note: The above date reflects that of the appellate court and not that of the original trial. Reported by jjb.