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HOLLAND CONSTRUCTION COMPANY v. LAMPSON

No. 12676.

528 P.2d 1327 (1974)

HOLLAND CONSTRUCTION COMPANY, Plaintiff and Appellant, v. Neil F. LAMPSON, Defendant and Respondent.

Supreme Court of Montana.

Decided December 10, 1974.

Attorney(s) appearing for the Case

Evalyn B. Carson (argued), Billings, for plaintiff and appellant.

Moulton, Bellingham, Longo & Mather, Ward Swanser (argued), Billings, for defendant and respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment adverse to plaintiff entered in the district court, Yellowstone County. The matter was tried by the court sitting without a jury. Plaintiff Holland Construction Company, Inc. alleged an indebtedness to it by defendant Neil F. Lampson, Inc. for labor, parts and materials furnished on the repair of equipment owned by Lampson.

On appeal, plaintiff Holland brings three issues:

1. Is there substantial...

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