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PIONEER ENGINEERING WORKS v. McCONNELL

No. 8791

212 P.2d 641 (1949)

PIONEER ENGINEERING WORKS, Inc., v. McCONNELL

Supreme Court of Montana.

Rehearing Denied January 5, 1950.

Attorney(s) appearing for the Case

Mr. George E. Hurd and Mr. Emmett C. Angland, both of Great Falls, for appellant. Mr. Angland argued orally.

Messrs. Rankin and Acher, Helena, Mr. James T. Shea, Mr. C.H. Roberts, and Mr. John Marriott Kline, all of Glasgow, for respondent. Messrs. Rankin and Acher argued orally.

Mr. Ralph J. Anderson, Helena, amicus curiae. Mr. Anderson argued orally.

MR. JUSTICE METCALF:

The plaintiff, Pioneer Engineering Works, a Delaware corporation, sold to the defendant, P.H. McConnell, a plant to crush, wash and grade gravel and sand in order to supply sand and gravel for a power plant building to be erected by the United States near the Fort Peck Dam. The machine was sold to the defendant on a conditional sales contract, the plaintiff retaining title and the right to terminate the contract and repossess the property upon...

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