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CARRIGER v. BALLENGER

No. 80-355.

628 P.2d 1106 (1981)

John CARRIGER, Plaintiff and Respondent, v. Glen BALLENGER and Bill Clark, Defendants and Appellants.

Supreme Court of Montana.

Decided June 2, 1981.

Attorney(s) appearing for the Case

Daniel R. Sweeney, Butte, for defendants and appellants.

Burgess, Joyce & Whelan, Butte, for plaintiff and respondent.

HASWELL, Chief Justice.

On January 24, 1979, John Carriger filed a complaint in the Second Judicial District Court alleging breach of contract and damages due to the alleged failure of appellants Ballenger and Clark to complete the construction work according to the contract terms. The appellants counterclaimed for breach of contract and damages as a result of alleged conduct of respondent preventing their performance. Trial was held on April 3, 1980, before the court...

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