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HOPKINS v. SCHOOL DISTRICT NO. 40

No. 9683.

327 P.2d 395 (1958)

Earl HOPKINS, doing business as Hopkins Heating and Plumbing, Plaintiff and Respondent, v. SCHOOL DISTRICT NO. 40, Missoula County, Montana, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Robert L. Word, Jr., Asst. Atty. Gen., J. M. Kurtz, County Atty., Missoula, for appellants.

Shallenberger & Paddock, Jewell & Root, Missoula, for respondent.

ANGSTMAN, Justice.

Plaintiff and defendant School District entered into a contract on June 28, 1952, whereby plaintiff agreed to install a heating and plumbing system in a building of defendant School District and agreed that the work should be substantially completed by October 1, 1952. The agreement, among other provisions, contained this paragraph:

"Any disagreement arising out of this contract or from the breach thereof shall be submitted to arbitration...

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