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KURTZENACKER v. DAVIS SURVEYING, INC.

No. DA 11-0440.

278 P.3d 1002 (2012)

2012 MT 105

365 Mont. 71

James J. KURTZENACKER, III and Kristine R. Kittleson, Plaintiffs and Appellees, v. DAVIS SURVEYING, INC. and Kenneth E. Davis, Defendants and Appellants.

Supreme Court of Montana.

Decided May 15, 2012.

Rehearing Denied June 19, 2012.

Attorney(s) appearing for the Case

For Appellants: Jean E. Faure , Jason T. Holden ; Faure Holden Attorneys at Law, P.C.; Great Falls, Montana, Douglas C. Allen , Attorney at Law; Shelby, Montana.

For Appellees: Thane P. Johnson ; Johnson, Berg & Saxby, PLLP; Kalispell, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Davis Surveying, Inc. (Davis Surveying) and Kenneth Davis (Davis) (collectively Appellants) appeal from an order of the Nineteenth Judicial District, Lincoln County, which held Appellants liable for breach of contract and negligence and awarded damages for misrepresenting the boundaries of Appellees' property. We affirm in part, reverse in part, and remand for entry of an amended judgment. We address the...

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