KELLY v. SELL & SELL PAINT CONTRACTORS

No. 13781.

574 P.2d 1002 (1978)

Douglas R. Kelly and Bette Lyn Kelly, husband and wife, Plaintiffs and Appellants, v. SELL & SELL PAINT CONTRACTORS, a Montana Corporation, d/b/a the Color Shop, Defendants and Respondents. SELL & SELL PAINT CONTRACTORS, a Montana Corporation, d/b/a Color Shop, Counter-Plaintiffs, v. Douglas R. Kelly and Betty Lynn Kelly, husband and wife, and Big Timber Building Loan Association, a Montana Corporation, Counter-Defendants.

Supreme Court of Montana.

Decided February 1, 1978.

Rehearing Denied February 16, 1978.


Attorney(s) appearing for the Case

Lee Overfelt (argued), Billings, for plaintiffs and appellants.

Josephson & Fredricks, Conrad B. Fredricks (argued), Big Timber, for defendants and respondents.


SHEA, Justice.

Plaintiffs appeal from a judgment entered in Sweet Grass County where the District Court granted defendant's motion to amend findings of fact and conclusions of law. The amended judgment allowed defendant to recover the damaged carpeting which the court had found the defendant to have negligently installed in the plaintiffs' home.

This case turns on a procedural question, and accordingly, a detailed recitation of the facts giving rise to this...

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