Quimbee logo
DMCA.com Protection Status

Swanson v. BECO Construction Co., Inc.

175 P.3d 748 (Idaho 2007)

Case BriefRelatedOptions
From our private database of 26,900+ case briefs...

Swanson v. BECO Construction Co., Inc.

Idaho Supreme Court

175 P.3d 748 (Idaho 2007)

Facts

BECO Construction Company (BECO) (defendant) and Ted Swanson (plaintiff) were working on a government construction site in 2004. BECO had issues with a skid steer loader that it had rented and requested to borrow Swanson’s skid steer loader, which was a Bobcat. Swanson agreed to let BECO rent the Bobcat at a rate of $300 per day. Swanson expected the arrangement to last about a week, until the other loader was repaired. On August 27, 2004, Swanson and BECO entered into a handwritten lease agreement that required BECO to pay $300 per working day that it possessed the Bobcat. BECO kept the Bobcat until October 18, 2004, when Swanson went to the jobsite and retook possession of the loader. Swanson calculated 44 working days that BECO had the loader and invoiced BECO for $13,200. BECO disagreed with the calculation and asserted that it only owed $6,219. Swanson sued BECO, alleging breach of contract. BECO asserted that the term “working day” should be interpreted to mean the same as a “working day” under the standard Idaho Transportation Department contract, which was limited to days on which conditions permit construction activities for at least five hours of the day. BECO also asserted that the contract should be supplemented by the standard usage of trade among commercial lessors of construction equipment to charge reduced rates for weekly and monthly rentals. The trial court ruled in favor of Swanson, and BECO appealed.

Rule of Law

Issue

Holding and Reasoning (Eismann, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 541,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 541,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 26,900 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 541,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 26,900 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership