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PARKER BROS. FARMS, INC. v. BURGESS

No. 81-295.

642 P.2d 1063 (1982)

PARKER BROTHERS FARMS, INC., a Montana Corporation, Plaintiff and Respondent, v. ED BURGESS, Defendant and Appellant.

Supreme Court of Montana.

Decided March 25, 1982.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, Kalispell, for defendant and appellant.

Murray, Kaufman, Vidal & Gordon, Kalispell, for plaintiff and respondent.

SHEEHY, Justice.

Plaintiff brought this action in Flathead County District Court to recover the price of potatoes sold and delivered to defendant, alleging that the defendant had breached a contract for the sale of approximately 811,500 pounds of potatoes grown by the plaintiff on its Flathead Valley farm. Personal service was made upon the defendant in Jerome County, Idaho, where he resides. Pursuant to Rule 4B(1), M.R.Civ.P., the defendant moved for dismissal on...

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