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WEST RIVER EQUIPMENT CO. v. HOLZWORTH CONST. CO.

Nos. 9698, 9699.

335 P.2d 298 (1959)

WEST RIVER EQUIPMENT CO., a Corporation, Plaintiff and Appellant, v. HOLZWORTH CONSTRUCTION CO., a Corporation, Defendant and Respondent. WEST RIVER EQUIPMENT CO., a Corporation, Plaintiff and Appellant, v. HOLZWORTH CONSTRUCTION CO., a Corporation, et al., Defendant and Respondent.

Supreme Court of Montana.

February 5, 1959.

Attorney(s) appearing for the Case

Hugh J. Lemire, Miles City, Bangs, McCullen & Butler, J.M. Butler, Rapid City, S.D., argued orally, for appellant.

Colgrove & Brown, Roland V. Colgrove, Miles City, argued orally, for respondent.

CASTLES, Justice.

This is an appeal from a judgment entered in two causes consolidated for trial and on appeal, after a motion for new trial had been denied. The consolidated actions were tried to a jury, the verdict being for the defendant and against the plaintiff. Judgment was entered accordingly wherein the defendant was found to be the owner of two road scrapers of the value of $9,675. Defendant was awarded damages by reason of the taking, withholding and detention...

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