SANDKAY CONSTRUCTION CO. v. STATE

No. 10832.

399 P.2d 1002 (1965)

SANDKAY CONSTRUCTION CO., a Corporation (as successor in Interest to Cherf Bros., Inc., and Sandkay Contractors, Inc., a Joint Venture), Plaintiff and Respondent, v. The STATE of Montana, a sovereign State of the United States of America, Defendant and Appellant.

Supreme Court of Montana.

March 15, 1965.


Attorney(s) appearing for the Case

Clayton R. Herron (argued), Helena, Forrest H. Anderson, Helena, for appellant.

Michael J. Hughes, Helena, George T. Bennett (argued), Helena, Clifford O. Moe, Ephrata, Wash., Gerald DeGarmo, Seattle, Wash., for respondent.


CASTLES, Justice.

This is an appeal from a judgment in favor of the plaintiff, hereinafter called Sandkay. Findings of fact and conclusions of law were made and judgment entered. A motion for new trial was denied.

Sandkay is a road contractor and was low bidder on a State Highway Commission road job to grade, aggregate surface, bituminous surface, and drain 2.613 miles of road according to plans, standard specifications, supplemental specifications and special...

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