Legal Opinion

Rother-Gallagher v. Montana Power Company

Montana Supreme Court

Decided June 5, 1974No. 12650PublishedCited by 11 opinions

1Opinion of the Court

MB. JUSTICE JOHN C. HABBISON

delivered the Opinion of the Court.

This is an appeal from an order of the district court granting summary judgment in a timber sale contract dispute. We affirm the judgment of the district court.

On July 23, 1958, two corporations, Bother’s Inc. and Bother Lumber Co., Inc., entered into a timber contract with the Montana Power Company to log off an area in Missoula County. Under the contract the two corporations agreed to construct a main-haul timber road, known as the Battlesnake Boad. The road was to be paid for through an amortization of the timber removed.

The…

2Cases cited5 opinions

  1. Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
  2. Winslow v. DundomMontana Supreme Court · 1912
  3. Ruberoid v. GLASSMAN CONSTRUCTION COMPANY, INC.Court of Appeals of Maryland · 1967
  4. People Ex Rel. Department of Public Works v. McNamara Corp.California Court of Appeal · 1972
  5. Standard Sewing-Machine Co. v. SmithMontana Supreme Court · 1915

3Cited by11 opinions

  1. Chavez v. ChenowethNew Mexico Court of Appeals · 1976
  2. Sun World Corp. v. Pennysaver, Inc.Court of Appeals of Arizona · 1981
  3. R.C. Hobbs Enterprises, LLC v. J.G.L. Distributing, Inc.Montana Supreme Court · 2004
  4. Hedges v. WoodhouseMontana Supreme Court · 2000
  5. Forsythe v. ElkinsMontana Supreme Court · 1985

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