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BROTHERS v. TOWN OF VIRGINIA CITY

No 13283.

558 P.2d 464 (1976)

Bill BROTHERS, Plaintiff and Respondent, v. TOWN OF VIRGINIA CITY, Virginia City, Montana, and Walter Everly, Defendants and Appellants. TOWN OF VIRGINIA CITY, Virginia City, Montana, Third-Party Plaintiff and Appellant, v. Stanford O. DUGDALE, Third-Party Defendant and Respondent.

Supreme Court of Montana.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Chester Lloyd Jones, County Atty., argued, Virginia City, for defendants and appellants.

Corette, Smith & Dean, Butte, R.D. Corette and John W. Larson argued, Butte, for plaintiff and respondent.

DALY, Justice.

This is an appeal from a final judgment following a jury verdict rendered in favor of plaintiff Bill Brothers in the district court, Madison County.

On July 21, 1972, Bill Brothers Construction entered into a contract with the Town of Virginia City, Montana, whereby the contractor agreed to construct a sanitary sewer system and lagoon for the contract price of $139,681.50. Virginia City subsequently requested changes in the sewer system which...

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