State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

Archive for the ‘Contract’ Category

OPINION: Amerimont, Inc. v. Fidelity National Title Ins.

Posted by scanner1 on June 24, 2009

The Montana Supreme Court has issued an Opinion in the following matter:

DA 08-0410,

2009 MT 212,

AMERIMONT, INC.,

Plaintiff and Appellant,

v.

FIDELITY NATIONAL TITLE INSURANCE COMPANY; THE HERRICK CO.; MICHAEL HERRICK,

Defendants and Appellees.

Posted in Consent, Contract, Opinion, Summary Judgment, Title Insurance | Leave a Comment »

OPINION: State, Dept. of Transportation v. Skyline Broadcasters, Inc., Stokes

Posted by scanner1 on June 8, 2009

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0281,

2009 MT 193,

STATE OF MONTANA, ACTING BY AND THROUGH THE MONTANA DEPARTMENT OF TRANSPORTATION,

Plaintiff and Appellant,

v.

SKYLINE BROADCASTERS, INC., a Montana Corporation, JOHN P. STOKES; Z-600, INC., a Montana Corporation; QUESTA RESOURCES, INC., a Montana Corporation, WILLIAM MYTTY; SANDRA F. MYTTY; QUALITY SUPPLY, INC., PROFIT SHARING PLAN AND TRUST; DOUGLAS S. HADNOT; J. CHRISS CRAWFORD; MYRNA K. CRAWFORD; STEPHEN S. ELLIS, M.D., P.C., EMPLOYEES AMENDED AND RESTATED PENSION PLAN; and THOMAS H. BOONE, TRUSTEE OF THE BOONE KARLBERG EMPLOYEES PROFIT SHARING TRUST,

Defendants, Appellees and Cross-Appellants.

Posted in Attorneys' Fees/Costs, Condemnation, Contract, Opinion, Overage Judgment, Security Interest | Leave a Comment »

OPINION: Richards & Seeley Lake Ready Mix v. JTL Group, Inc.

Posted by scanner1 on May 20, 2009

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0081,

2009 MT 173,

JOHN RICHARDS and SEELEY LAKE READY MIX COMPANY, a Montana Corporation,

Plaintiffs and Appellants,

v.

JTL GROUP, INC., a Montana Corporation,

Defendant and Appellee.

Posted in Contract, Opinion, Parol Evidence | Leave a Comment »

OPINION: Dollar Plus v. R-Montana Assoc.

Posted by scanner1 on May 15, 2009

The Montana Supreme Court has issued an Opinion in the following matter:

DA 08-0143,

2009 MT 164,

DOLLAR PLUS STORES, INC.,

Plaintiff and Appellee,

v.

R-MONTANA ASSOCIATES, L.P., and ROSEN ASSOCIATES MANAGEMENT CORPORATION,

Defendants and Appellants.

Posted in Commercial Lease, Contract, Laches, Opinion, Summary Judgment | Leave a Comment »

OPINION: Johnson v. Dist. VII, Human Resources

Posted by scanner1 on March 20, 2009

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0750,

2009 MT 86,

CYNTHIA R. JOHNSON,

Plaintiff and Appellant,

v.

DISTRICT VII, HUMAN RESOURCES DEVELOPMENT COUNCIL and FIRST MONTANA TITLE COMPANY OF BILLINGS,

Defendants and Appellees.

Posted in Affirmative Defense, Contract, Counterclaims, Mutual Mistake, Opinion | Leave a Comment »

OPINION: Kortum-Managhan v. Herbergers

Posted by scanner1 on March 18, 2009

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0566,

2009 MT 79,

SANTANA N. KORTUM-MANAGHAN,

Plaintiff and Appellant,

v.

HERBERGERS NBGL, HERBERGERS HB, HOUSEHOLD/HERBERGERS, and SAKS INCORPORATED,

Defendants and Appellees.

Posted in Arbitration, Contract, Opinion, Right to Jury Trial | Leave a Comment »

UNPUBLISHED OPINION: Weimar v. Barrett

Posted by scanner1 on March 4, 2009

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0353,

2009 MT 66N,

WILLIAM C. WEIMAR,

Plaintiff and Appellant,

v.

JOHN BARRETT, individually; and DOES 1 through 10,

Defendants and Appellees.

Posted in Contract, Personal Jurisdiction, Unpublished Opinion | Leave a Comment »

OPINION: Olson v. Shumaker Trucking

Posted by scanner1 on November 19, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0226,

2008 MT 378,

CODY J. OLSON,

Plaintiff, Appellee and Cross-Appellant,

v.

SHUMAKER TRUCKING AND EXCAVATING CONTRACTORS, INC.,

Defendant and Appellant.

Posted in Comparative Negligence, Contract, Depositions, Hearsay, Jury Instructions, Opinion, Safe Work Place | Leave a Comment »

OPINION: Kruer v. Three Creeks Ranch

Posted by scanner1 on September 10, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0549,

2008 MT 315,

CURTIS R. KRUER, and STEPHANIE G. KRUER,

Plaintiffs and Appellees,

v.

THREE CREEKS RANCH OF WYOMING, L.L.C., THREE CREEKS RANCH, L.L.C., AND REID L. ROSENTHAL,

Defendants, Counter-Claimants and Appellants,

v.

CURTIS R. KRUER AND STEPHANIE G. KRUER and DOES 1-X, and all other persons, unknown, claiming or who might claim any right, title, real estate or interest in or lien or encumbrance upon the property described in the complaint adverse to Three Creeks Ranch of Wyoming, LLC, or Three Creeks Ranch LLC, ownership or any cloud upon plaintiff’s title thereto whether such claim or possible claim be present or contingent,

Counter-Claim Defendants and Appellees.

Posted in Attorneys' Fees/Costs, Contract, District Court, Opinion, Subject Matter Jurisdiction, Water Rights | Leave a Comment »

OPINION: Polzin v. Appleway Equipment

Posted by scanner1 on August 21, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0169,

2008 MT 300,

PERRY POLZIN d/b/a MP LIVESTOCK TRUST,

Plaintiff and Appellee,

v.

APPLEWAY EQUIPMENT LEASING, INC.,

Defendant and Appellant.

Posted in Choice of law clause, Contract, Forum selection clause, Jurisdiction, Opinion | Leave a Comment »