MARTEL CONST., INC. v. STATE

No. 90-519.

817 P.2d 677 (1991)

MARTEL CONSTRUCTION, INC., Plaintiff and Respondent, v. The STATE of Montana, Acting BY AND THROUGH the DEPARTMENT OF HIGHWAYS of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided August 30, 1991.


Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen. and W.D. Hutchinson, Asst. Atty. Gen., Helena, for defendant and appellant.

Richard J. Andriolo, Bozeman, Patrick A. Sullivan, and Winston & Cashett, Spokane, Wash., for plaintiff and respondent.


GRAY, Justice.

The appellant, State of Montana, appeals from a judgment entered on a jury verdict rendered in the District Court of the First Judicial District, Lewis and Clark County, awarding the respondent, Martel Construction, Inc., $549,000 in damages for breach of contract. We affirm in part, reverse in part and remand for a new trial.

The sole issue for review is whether the District Court erred in ruling that Martel could recover, as an element of...

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