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SANDS v. SUPERIOR BUILDINGS COMPANY

No. 10170.

358 P.2d 445 (1960)

Lawrence E.A. SANDS and Henrietta Sands, Partners, doing business under the firm name and style of Larry Sands Lumber Company, Plaintiffs and Appellants, v. SUPERIOR BUILDINGS COMPANY, a Montana Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 28, 1960.

Rehearing Denied January 24, 1961.

Attorney(s) appearing for the Case

Ralph J. Anderson and Stanley P. Sorenson, Helena, Murphy, Robinson & Keller, Kalispell, for appellants. Ralph J. Anderson argued orally.

Smith, Boone & Rimel, Russell E. Smith, Missoula, Rognlien & Hash, D. Gordon Rognlien, Kalispell, for respondent. Russell E. Smith and D. Gordon Rognlien, argued orally.

ANGSTMAN, Justice.

This action resulted in a verdict and judgment in favor of defendant. It was based on a prior judgment in the same court.

The facts out of which the controversy arose are these: On August 7, 1952, plaintiffs, as partners, engaged in logging operations entered into an agreement with the United States Department of Agriculture Forest Service whereby plaintiff agreed to purchase and remove 5,900,000...

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