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WESTERN CONSTRUCTION EQUIPMENT CO. v. MOSBY'S, INC.

No. 10893.

406 P.2d 165 (1965)

WESTERN CONSTRUCTION EQUIPMENT COMPANY, A Corporation, and General America Companies, Plaintiffs and Appellants, v. MOSBY'S, INC., A Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided October 4, 1965.

Attorney(s) appearing for the Case

Garnaas, Murray & Hall, Harold L. Garnaas (argued), Missoula, for appellants.

Edward T. Dussault (argued), Missoula, for respondent.

CASTLES, Justice.

This is an appeal from a judgment of the District Court of the Fourth Judicial District in the County of Missoula after trial before the court without a jury. Findings of fact and conclusions of law were made.

The case arises from an alleged breach of an indemnification clause in a written lease agreement covering a "Clyde Builder Tower" used in construction and remodeling of a building by defendant. On October 6, 1953, plaintiff Western...

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