E.F. MATELICH CONST. v. GOODFELLOW BROS.

No. 81-185.

645 P.2d 391 (1982)

E.F. MATELICH CONSTRUCTION COMPANY, a Montana Corporation, Plaintiff and Appellant, v. GOODFELLOW BROTHERS, INC., et al., Defendants and Respondents. v. STATE of Montana, Cross-Claimant.

Supreme Court of Montana.

Decided May 6, 1982.


Attorney(s) appearing for the Case

Donald R. Murray, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for plaintiff and appellant.

Page Wellcome, Bozeman, Donald A. Douglas, Highway Legal Dept., Helena, for defendants and respondents.


HASWELL, Chief Justice.

Plaintiff subcontractor sued the general contractor and the State for damages for breach of its subcontract to construct bridges and concrete work on a highway project. At the conclusion of the subcontractor's case-in-chief, the District Court dismissed the action on the ground that plaintiff had shown no right to relief under the facts and law. Following denial of its motion for a new trial, the subcontractor appeals. We reverse.

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