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McCARTY v. LINCOLN GREEN, INC.

No. 80-68.

620 P.2d 1221 (1980)

Roger J. McCARTY and Janice L. McCarty and Carol A. McCarty, Husband and wife, Plaintiffs and Respondents, v. LINCOLN GREEN, INC., a Montana Corporation, James L. Lee, Bert A. Nelson and Benita Nelson, Defendants, Third-Party Plaintiffs and Respondents, v. Ray I. BERRYMAN and American Bonding Company, Third-Party Defendants and Appellants.

Supreme Court of Montana.

Decided December 19, 1980.

Attorney(s) appearing for the Case

Jon E. Ellingson argued, Missoula, for third-party defendants and appellants.

Datsopoulos, MacDonald & Lind, Ronald MacDonald argued, Missoula, for plaintiffs and respondents.

SHEEHY, Justice.

Ray I. Berryman, a real estate agent, as third party defendant, appeals from a judgment in the Fourth Judicial District Court, Missoula County, in favor of Lincoln Green, Inc., James L. Lee, Bert A. Nelson and Benita Nelson (Lincoln Green, Inc.), third party plaintiffs.

Berryman raises these issues for review:

(1) A principal may not be held liable to a third party for negligence of its agent

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