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STC, INC. v. CITY OF BILLINGS

No. 12969.

543 P.2d 374 (1975)

STC, INC., a Montana Corporation, Plaintiff and Appellant, v. CITY OF BILLINGS, Montana, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 2, 1975.

Rehearing Denied January 6, 1976.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, Billings, Benjamin N. Forbes (argued), Billings, for plaintiff and appellant.

William J. Speare (argued), Billings, for defendant and respondent.

HASWELL, Justice.

Plaintiff building owner sued the City of Billings for damages based on an alleged anticipatory breach of a lease. Following a nonjury trial the district court of Yellowstone County entered judgment for defendant city. Plaintiff appeals from this judgment.

The controlling issue on appeal is whether a vote by the Billings city council on February 5, 1973 "to not re-affirm the provisions of the original lease" with STC constituted a repudiation...

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