McJUNKIN v. KAUFMAN & BROAD HOME SYSTEMS

No. 87-77.

748 P.2d 910 (1987)

Arlyn McJUNKIN and Lorraine McJunkin, Plaintiffs and Appellants, v. KAUFMAN AND BROAD HOME SYSTEMS, INC., a California Corp., and Ponderosa Homes, a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided December 22, 1987.

Rehearing Denied February 11, 1988.


Attorney(s) appearing for the Case

Larry W. Moran, Bozeman, for plaintiffs and appellants.

Herndon, Harper & Munro; Rodney T. Hartman, Billings, Berg, Coil, Stokes & Tollefsen; Gig A. Tollefsen, Bozeman, for defendants and respondents.


SHEEHY, Justice.

Following trial by jury in the Eighteenth Judicial District, Gallatin County, judgment was entered against Kaufman and Broad Homes (K & B) on a claim of negligence and against Ponderosa Homes (Ponderosa) on a claim of negligent misrepresentation. All litigants allege error. We affirm.

The parties present the following issues for review:

1. Did the District Court properly refuse to instruct the jury on strict liability, the covenant...

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