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SWAIN v. BATTERSHELL

No. 98-165.

983 P.2d 873 (1999)

1999 MT 101

Ken SWAIN d/b/a Montana Concrete Finishing, Plaintiff and Appellant, v. Thomas M. BATTERSHELL and Battershell Properties, Inc., Defendant and Respondent.

Supreme Court of Montana.

Decided May 18, 1999.

Attorney(s) appearing for the Case

Palmer A. Hoovestal, Helena, Montana, For Appellant.

David N. Hull, Helena, Montana, For Respondent.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 On December 27, 1995, Appellant Ken Swain d/b/a Montana Concrete Finishing (Swain) filed a lawsuit against Respondents Thomas M. Battershell (Battershell) and Battershell Properties, Inc. (BPI) to execute a construction lien foreclosure and to recover damages for breach of contract, promissory estoppel, and breach of the covenant of good faith and fair dealing. On February 21, 1996, Battershell...

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