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CALAWAY v. JONES

No. 13900.

582 P.2d 756 (1978)

Timothy T. CALAWAY, Plaintiff, v. Sid JONES, Defendant. Sid JONES, Third-Party Plaintiff and Appellant, v. PARKER IRRIGATION & SUPPLY et al., Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided June 28, 1978.

Rehearing Denied September 6, 1978.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, George N. McCabe argued, Great Falls, for appellant.

Marra, Wenz, Iwen & Johnson, Alexander, Kuenning & Miller, Great Falls, Edward C. Alexander argued, Great Falls, Dzivi, Conklin, Johnson & Nybo, William Conklin argued, Cure & Borer, Great Falls, Edward W. Borer argued, Smith, Emmons, Baillie & Walsh, Great Falls, Dennis P. Clarke argued, Great Falls, for respondents.

DALY, Justice.

This is an appeal from an order of dismissal entered in the District Court, Cascade County.

This action was commenced by a complaint filed on December 5, 1972, by plaintiff Timothy T. Calaway, against defendant Sid Jones. The complaint alleged Calaway leased land from Jones in 1971, to be seeded in potatoes. Jones agreed to provide irrigation for the land. The parties additionally agreed on a division...

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