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CAHILL-MOONEY CONSTRUCTION COMPANY v. AYRES

No. 10354.

373 P.2d 703 (1962)

CAHILL-MOONEY CONSTRUCTION COMPANY, A Corporation, Plaintiff and Appellant, v. Roy R. AYRES and Verna H. Ayres, his wife, and C.E. Ayres and Oneita Ayres, his wife, Defendants and Respondents.

Supreme Court of Montana.

Decided August 6, 1962.

Attorney(s) appearing for the Case

Morrow & Nash, Bozeman, Corette, Smith & Dean, Butte, John E. Corette, III (argued orally), Butte, for appellant.

Lovelace, Horkan & Berg, Bozeman, Ben E. Berg, Jr. (argued orally), Charles F. Angel (argued orally), Bozeman, for respondents.

JAMES T. HARRISON Chief Justice.

Appeal from a judgment of dismissal entered in the district court of the eighteenth judicial district, Gallatin County, following an order of the court sustaining special demurrers filed by the defendants and the refusal of the plaintiff to further plead.

The complaint herein set forth three causes of action. The first alleged that the defendant Roy R. Ayres was indebted to the plaintiff in a specified sum of money.

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