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STEINMETZ v. ROBERTUS

No. 81-117.

637 P.2d 31 (1981)

Ruben C. STEINMETZ, Plaintiff and Appellant, v. Randy ROBERTUS and David Robertus, Defendants and Respondents.

Supreme Court of Montana.

Decided December 1, 1981.

Attorney(s) appearing for the Case

Anderson, Brown, Gerbase, Cebull & Jones, Billings, for plaintiff and appellant.

Thomas L. Bradley, Laurel, for defendants and respondents.

WEBER, Justice.

In an action for the purchase price of an irrigation pump, plaintiff appeals an unfavorable judgment of the court, sitting without a jury, in the Thirteenth Judicial District, Yellowstone County. Plaintiff claims an acceptance of the pump on the part of the defendants with a consequent obligation to pay the purchase price. Defendants claim the pump was improperly installed and subsequently damaged, and they have refused to pay for the pump.

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