WITBART v. WITBART

No. 82-203.

666 P.2d 1217 (1983)

In re the Marriage of Delbert Henry WITBART, Petitioner, v. LaVerna Mae WITBART, Respondent and appellant. Allen B. HOUSTON, Plaintiff and Respondent, v. Delbert Henry WITBART a/k/a Delbert (Del) H. WITBART, & LaVerna Mae Witbart, Defendants and Appellants. Del H. WITBART, d/b/a Academy Engineering Construction, Plaintiff, v. Harland E. BAUER & Margaret E Bauer, Defendants and Respondents. CLARK BROTHERS CONTRACTORS, a Mont. corp., Plaintiff and Respondent, v. Harland E. BAUER, Margaret E. Bauer, & Del H. Witbart, d/b/a Academy Engineering Construction, Defendants. WESTERN EQUIPMENT CO., Plaintiff and Respondent, v. Delbert Henry WITBART & LaVerna Mae Witbart, Defendants and Appellants.

Supreme Court of Montana.

Decided June 27, 1983.

As Modified on Denial of Rehearing August 4, 1983.


Attorney(s) appearing for the Case

Cannon & Sheehy; Edmund Sheehy, Jr. argued, Helena, for LaVerna Witbart.

Richard A. Weber argued, Hamilton, for Western Equipment.

Gail H. Goheen argued, Hamilton, for Houston.

John D. Greef argued, Hamilton, for Bowers.

Larry R. Meyer argued, Stevensville, for Clark Brothers.


MORRISON, Justice.

This is an appeal of the January 14, 1982, judgment and February 17, 1982, amended judgment of the Fourth Judicial District Court distributing Del Witbart's award of $26,677.47 and interest from his action to foreclose a mechanic's lien against Harland and Margaret Bauer.

On April 10, 1979, Harland and Margaret Bauer, and Delbert Witbart entered into a written contract wherein Delbert agreed to construct a road for the Bauers. Del then entered...

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