Spooner Construction & Tree Service, Inc. v. Maner

¶1 Spooner Construction & Tree Service, Inc., (Spooner) appeals from the judgment entered in favor of Ernie Maner, d/b/a Northwest Soft Tracks, (Maner) by the Fourth Judicial District Court, Missoula County. We affirm in part, reverse in part, and remand.

¶2 Spooner raises the following issues on appeal:

¶3 1. Did the District Court err when it amended and conclusively

established a matter contained in a request for admission as uncontested fact pursuant to Rule 36, M.R.Civ.P.?

¶4 2. Did the District Court err when it awarded Maner damages for lost profits?

¶5 3. Did the District Court abuse its…