Legal Opinion

Durand v. Dowdall

Montana Supreme Court

Decided June 16, 1988No. 87-512PublishedCited by 4 opinions

1Opinion of the CourtJustice Weber

Plaintiffs Durand, Mutch, and Lien appeal a judgment entered in favor of defendants by the Twentieth Judicial District Court, Lake County, sitting without a jury. We affirm. The issues are:

1. Did the District Court err in concluding that plaintiffs had no valid mechanic’s liens upon the defendants’ property?

2. Does merger of the leasehold and the fee permit enforcement, against the fee, of a lien upon the leasehold?

3. Should plaintiffs be allowed to recover under the theory of quantum meruit?

4. Was the claim of appellant Mutch, d/b/a Flathead Electric, barred due to untimely filing of the…

2Cases cited4 opinions

  1. Gramm v. Insurance UnlimitedMontana Supreme Court · 1963
  2. Bauer v. CookMontana Supreme Court · 1979
  3. Intermountain Electric, Inc. v. BerndtMontana Supreme Court · 1974
  4. Western Plumbing of Bozeman v. GarrisonMontana Supreme Court · 1976

3Cited by4 opinions

  1. Sudan Drilling, Inc. v. AnackerMontana Supreme Court · 2009
  2. Gwynn v. CumminsMontana Supreme Court · 2006
  3. Durand v. DowdallMontana Supreme Court · 1988
  4. Sudan Drilling, Inc. v. AnackerMontana Supreme Court · 2009

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