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C. E. MITCHELL AND SONS v. DAVIS

No. 12352.

511 P.2d 316 (1973)

C.E. MITCHELL AND SONS, Plaintiff and Respondent, v. Delmar DAVIS and City of Great Falls, Defendants and Appellants.

Supreme Court of Montana.

Decided May 16, 1973.

Rehearing Denied June 5, 1973.

Attorney(s) appearing for the Case

Burton & Coder, Great Falls, Howard C. Burton argued, Great Falls, for defendants and appellants.

E.F. Gianotti argued, Great Falls, for plaintiff and respondent.

HASWELL, Justice.

This appeal is from a judgment of the district court of Cascade County, sitting without a jury, finding an indebtedness owed to plaintiff by defendant City of Great Falls in the amount of $618.52 with interest and costs. The case involves payments due for various materials, labor and equipment furnished by plaintiff to Delmar Davis, a contractor, engaged by the City of Great Falls to enlarge and make improvements on the municipal golf course. The...

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