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U.S. FIDELITY AND GUAR. CO. v. CROMWELL

No. 88-566.

771 P.2d 970 (1989)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, Plaintiff and Appellant, v. Richard CROMWELL, Defendant and Respondent.

Supreme Court of Montana.

Decided April 13, 1989.

Rehearing Denied May 4, 1989.

Attorney(s) appearing for the Case

William P. Driscoll, Gough, Shanahan, Johnson and Waterman, Helena, for plaintiff and appellant.

Jerrold L. Nye, Nye and Meyer, Billings, for defendant and respondent.

TURNAGE, Chief Justice.

Plaintiff, United States Fidelity and Guaranty Company (USF & G), is a bond surety appealing a judgment by the District Court, Fifteenth Judicial District, Daniels County, which denied recovery from defendant Cromwell for monies paid out by USF & G on a performance bond. The District Court sitting without a jury found that the plaintiff had not carried its burden of proof in proving that a signed and duly executed contract existed between...

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