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TRACTOR & EQUIPMENT CO. v. ZERBE BROS.

No. DA 07-0425.

199 P.3d 222 (2008)

2008 MT 449

348 Mont. 30

TRACTOR & EQUIPMENT CO., Plaintiff, Appellee and Cross-Appellant, v. ZERBE BROTHERS, a Montana corporation, Defendant, Appellant and Cross-Appellee.

Supreme Court of Montana.

Decided December 30, 2008.

Attorney(s) appearing for the Case

For Appellant and Cross-Appellee: Robert Hurly, Attorney at Law; Glasgow, Montana, Matthew W. Knierim; Christoffersen & Knierim, P.C.; Glasgow, Montana.

For Appellee and Cross-Appellant: Robert L. Sterup, Jr.; Holland & Hart, LLP; Billings, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The present case stems from an agreement between Tractor and Equipment Co. ("T & E") and Zerbe Brothers, Inc. ("Zerbe") for the sale of farm equipment in northeastern Montana. Under the terms of the agreement, known as the Consignment and Sales Agreement, T & E agreed to consign and to ultimately sell certain equipment manufactured by Caterpillar, Inc. ("CAT") to Zerbe for sale to Zerbe...

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