WESTON v. KUNTZ

No. 81-96.

635 P.2d 269 (1981)

Tom WESTON, Plaintiff and Respondent, v. Roy KUNTZ, Defendant and Appellant.

Supreme Court of Montana.

Decided October 19, 1981.


Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, for defendant and appellant.

Smith, Connor & Van Valkenburg, Missoula, for plaintiff and respondent.


HARRISON, Justice.

This appeal arises from damages to respondent's Chevrolet van and its contents during a fire January 16, 1978, in appellant's place of business. Respondent had taken his vehicle to appellant's auto repair service outside St. Ignatius, Montana, for repair on January 15, 1978.

After the claim was filed, both parties conducted discovery, and respondent filed a motion for summary judgment on April 3, 1979. The District Court heard argument on...

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