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HOWARD S. WRIGHT CONST. v. F.E. DeBEER MECH.

No. 14832.

604 P.2d 323 (1979)

HOWARD S. WRIGHT CONSTRUCTION COMPANY, a Washington Corporation, and Safeco Insurance Company, Plaintiffs and Respondents, v. F.E. DeBEER MECHANICAL CONSTRUCTION COMPANY et al., Defendants and Appellants.

Supreme Court of Montana.

Decided December 31, 1979.

Rehearing Denied January 16, 1980.

Attorney(s) appearing for the Case

Berg, Angel, Morgan & Coil, Bozeman, Ben E. Berg, Jr., argued, Bozeman, for defendants and appellants.

Brown, Pepper & Kommers, Bozeman, Gene I. Brown argued, Bozeman, for plaintiffs and respondents.

SHEEHY, Justice.

This appeal is by DeBeer Mechanical Construction Company from a judgment entered against it in the Fifth Judicial District, Madison County.

Big Sky of Montana, Inc. (Big Sky) is the developer of a condominium project known as Stillwater Condominiums located in Madison County, Montana. By written contract dated April 19, 1973, Big Sky entered into a contract with Howard S. Wright Construction Company (Wright) whereby Wright became

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