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STORY v. CITY OF BOZEMAN

No. 88-504.

791 P.2d 767 (1990)

Mark STORY, d/b/a Mark Story Construction, Plaintiff and Respondent, v. CITY OF BOZEMAN, and Neil Mann, Defendants and Appellants.

Supreme Court of Montana.

Decided May 3, 1990.

Attorney(s) appearing for the Case

Bruce E. Becker, Donald R. Herndon, argued, Herndon, Harper and Munro, Bozeman, for defendants and appellants.

Gregory O. Morgan, argued, Bozeman, for plaintiff and respondent.

TURNAGE, Chief Justice.

The City of Bozeman appeals a jury verdict against it in this suit for breach of a construction contract. The jury awarded plaintiff Story $360,000 in tort damages for breach of the covenant of good faith and fair dealing and $13,236 in contract damages. Story cross-appeals. We reverse and remand for retrial.

The appellant raises two interrelated, dispositive issues. The first issue is whether...

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