Calaway v. Jones

This is an appeal by the defendant from the District Court’s refusal to set aside a judgment in favor of the plaintiff and a dismissal of defendant’s counterclaim in the Eighth Judicial District, Cascade County.

On December 5, 1972, Timothy J. Calaway filed a complaint against Sid Jones seeking damages for the loss of a potato crop allegedly caused by Jones’s failure to provide an irrigation system. Jones denied any responsibility for the loss and filed a counterclaim alleging sums due and owing from Calaway. Jones also filed a third party complaint seeking both affirmative relief and…