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MARTIN DEVELOPMENT CO. v. KEENEY CONST. CO.

No. 84-190.

703 P.2d 143 (1985)

MARTIN DEVELOPMENT CO., a corp., et al., Defendant and Respondent, v. KEENEY CONSTRUCTION CO., a Montana corp., Plaintiff and Appellant, v. MOUNTAIN WOOD APARTMENTS and Walter Peschel, et al., Cross-Defendant and Appellant.

Supreme Court of Montana.

Decided May 24, 1985.

As Amended on Grant of Rehearing August 15, 1985.

Attorney(s) appearing for the Case

Larry Elison, argued, Missoula, for appellants.

Donald V. Snavely, argued, Missoula, for defendant and respondent.

HARRISON, Justice.

In the action below, Martin Development Company, Inc. ("Martin") sought to recover damages from Walter H. Peschel ("Peschel"), an individual, and Mountain Wood Apartments ("Mountain Wood"), a limited partnership, for breach of a construction contract. The District Court of the Fourth Judicial District, Missoula County, sitting without a jury, the Honorable Robert J. Boyd of the Third Judicial District presiding, found for Martin and awarded lost...

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