ELLISTON LIME COMPANY v. PRENTICE LUMBER COMPANY

No. 11883.

483 P.2d 264 (1971)

ELLISTON LIME COMPANY, a Montana Corporation, Plaintiff and Respondent, v. PRENTICE LUMBER COMPANY, a Montana Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided March 16, 1971.


Attorney(s) appearing for the Case

Boone, Karlberg & Haddon, Missoula, Thomas H. Boone, argued, Missoula, for defendant-appellant.

Boyd & Radonich, Anaconda, William R. Taylor, argued, Deer Lodge, for plaintiff-respondent.


HASWELL, Justice.

Judgment was entered in the district court of Missoula County setting aside a default judgment in favor of Prentice Lumber Company against Elliston Lime Company for approximately $21,000. Prentice Lumber Company now appeals from the judgment setting aside the prior default judgment.

In 1966 Prentice, who was engaged in the wholesale lumber brokerage business, began doing business with Elliston who was engaged in the business of processing...

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