CLUTE v. CONCRETE

No. 14023.

587 P.2d 392 (1978)

George E. CLUTE, Plaintiff and respondent, v. A. B. CONCRETE, Defendant and Appellant.

Supreme Court of Montana.

Decided November 29, 1978.


Attorney(s) appearing for the Case

Tipp, Hoven & Skjelset, Missoula (Thomas W. Frizzel, Missoula, argued), for defendant and appellant.

Milodragovich, Dale & Dye, Missoula (Michael J. Milodragovich, Missoula, argued), for plaintiff and respondent.


SHEEHY, Justice.

Defendant A.B. Concrete appeals from the order of the District Court, Missoula County, denying its motion to set aside a default judgment.

In February 1973, defendant transferred an asphalt plant to plaintiff George E. Clute, as compensation for paving work plaintiff had performed sometime earlier. Plaintiff did not take possession of the plant and it remained on defendant's premises until the spring of 1976, when defendant sold it to James...

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