KYSER v. HIEBERT

No. 10485

385 P.2d 90 (1963)

Leo KYSER, Plaintiff and Respondent v. Harold L. HIEBERT, Myrtle R. Hiebert, and Shirley May Hiebert, co-partners, doing business in Flathead County as Hiebert Construction Company, Defendants and Appellants.

Supreme Court of Montana.

Decided September 13, 1963.


Attorney(s) appearing for the Case

Jack L. Green, Fred C. Root (argued), Missoula, for appellants.

Marshall H. Murray (argued), Kalispell, J.F. Fennessy, Libby, for respondent.


CASTLES, Justice.

This is an appeal from a judgment of the district court in favor of the plaintiff, Leo Kyser, in an action for an accounting. The defendants below comprise a partnership and will be referred to in this opinion as the appellant, as will the defendant, Harold L. Hiebert, who represented the partnership in all transactions pertinent to this controversy and at the trial.

The material facts are as follows: On July 8, 1953, the appellant and respondent...

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