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PERF. MACH. CO., INC. v. YELLOWSTONE MOUNT. CLUB, LLC

No. 05-190.

169 P.3d 394 (2007)

2007 MT 250

PERFORMANCE MACHINERY CO., INC., Plaintiff and Appellant, v. YELLOWSTONE MOUNTAIN CLUB, LLC, Defendant and Appellee.

Supreme Court of Montana.

Decided October 2, 2007.

Attorney(s) appearing for the Case

For Appellant: James M. Kommers, Kommers Law Firm, Kathy Van Dyke, Bozeman, Montana.

For Appellee: Stephen R. Brown, Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 This case concerns a 40-ton ADT Heavy Haul dump truck ("40-ton truck") leased by Performance Machinery Co., Inc. ("Performance") to Yellowstone Mountain Club, LLC ("Yellowstone"). After the 40-ton truck was damaged while in Yellowstone's possession, Performance filed suit in the District Court for the Eighteenth Judicial District, Gallatin County, to recover the unpaid balance of the "agreed value...

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