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DALAKOW v. GEERY

No. 9613.

318 P.2d 253 (1957)

E.A. DALAKOW, d/b/a Montana Engineering & Construction Co., Plaintiff and Respondent, v. Glenn GEERY, Defendant and Appellant.

Supreme Court of Montana.

Decided November 18, 1957.

Rehearing Denied December 13, 1957.

Attorney(s) appearing for the Case

Smith, Boone & Rimel, Missoula, for appellant.

Russell Smith, Missoula, argued orally for appellant.

Toomey & Hughes, Helena, for respondent.

Michael J. Hughes, Helena, aruged orally for respondent.

HARRISON, Chief Justice.

This is an appeal from a money judgment of the District Court of Lewis and Clark County, Montana, in favor of the plaintiff, E.A. Dalakow, and against the defendant, Glenn Geery.

The present controversy arose out of the following set of facts. In August 1950, the defendant, a road construction contractor, was the successful bidder on a United States road construction project near Troy, Montana. The contract, which we will hereafter...

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