BAIN v. WILLIAMS

No. 90-234.

800 P.2d 693 (1990)

Karyn Ann BAIN, Plaintiff and Appellant, v. Larry WILLIAMS, Brian Cloutier, and State Medical Services, Inc., a Montana Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided October 30, 1990.

Rehearing Denied November 29, 1990.


Attorney(s) appearing for the Case

E. Eugene Atherton, Kalispell, for plaintiff and appellant.

Randy K. Schwickert, Whitefish, for defendants and respondents.


SHEEHY, Justice.

The plaintiff, Karyn Ann Bain brought this action in the Eleventh Judicial District Court, Flathead County, to recover the unpaid balance due under the terms of a written promissory note. Although a jury trial had been initially requested by Bain, she later agreed to bifurcate the contract (promissory note) issues from the tort issues raised in her complaint and to try the contract issues in front of the court sitting without a jury. The defendants...

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