SHEEHY, Justice.
Plaintiff appeals from an order dated, April 24, 1978, granting summary judgment in favor of defendant, and summary judgment dated May 12, 1978, entered by the District Court for the Thirteenth Judicial District, Yellowstone County. The parties submitted this appeal on an agreed statement in lieu of a record on appeal.
Respondent owns real property situated in Yellowstone County, Montana. Respondent entered into a contract with Caliva Construction...
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