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TAURMAN v. TOWN OF CASCADE

No. 80-372.

629 P.2d 226 (1981)

Jack TAURMAN and Lon Wocasek, d/b/a T & W Construction, Plaintiffs and Appellants, v. TOWN OF CASCADE, Defendant, Respondent & Cross-Appellant.

Supreme Court of Montana.

Decided June 4, 1981.

Rehearing Denied June 24, 1981.

Attorney(s) appearing for the Case

Dzivi, Conklin & Nybo, G. Richard Dzivi and Susan Rebeck argued, Great Falls, for plaintiffs and appellants.

Cure & Borer, Maxon R. Davis argued, Great Falls, for defendant, respondent & cross-appellant.

HARRISON, Justice.

This is an appeal from the District Court of the Eighth Judicial District of the State of Montana, in and for the County of Cascade.

Appellant, T & W Construction, sued on contract for the performance of street construction in the Town of Cacade. Respondent, the Town of Cascade, counterclaimed alleging that appellant breached the contract and failed to fully perform the contract and raised as a defense the illegality of the contract...

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