Topco, Inc. v. State, Dept. of Highways

Topeo, Inc. (Topeo) appeals from the Findings of Fact, Conclusions of Law and Order of the First Judicial District Court, Lewis and Clark County, awarding certain damages to Topeo under a clearing and grubbing contract with the State of Montana, Department of Highways (State). The State cross-appeals on the assignment of the contract to Topeo. We affirm in part, reverse in part and remand.

We address the following issues on appeal:

1. Whether the District Court erred in failing to find that the assignment to Topeo from Washington Construction violated the terms of the contract.

2. Whether the…