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KIRBY v. KENYON-NOBLE LUMBER CO.

No. 13227.

558 P.2d 452 (1976)

Jack KIRBY, Plaintiff and Appellant, v. KENYON-NOBLE LUMBER CO. et al., Defendants and Respondent. Herbert C. TOPEL, Plaintiff and Respondent, v. Jack A. KIRBY and Barbara A. Kirby, Defendants and Appellants.

Supreme Court of Montana.

Decided December 27, 1976.

Attorney(s) appearing for the Case

Drysdale, McLean & Screnar, Douglas R. Drysdale, argued, Bozeman, for appellants.

Berg, Angel, Andriolo & Morgan, Ben E. Berg, Jr., argued, Bozeman, for respondents.

DALY, Justice.

Plaintiff Jack Kirby appeals from a judgment of the district court, Gallatin County, awarding damages for breach of contract. Kirby asserts the judgment awarded is inadequate and conflicts with the court's own findings and conclusions.

Jack and Barbara Kirby (Kirby), entered into a contract with Kenyon-Noble Lumber Co., Bozeman, Montana (contractor), on October 20, 1969 to build a home on their property near Ennis, Montana. The contractor's...

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