Peenstra v. Berek

Defendant Mike J. Berek, appeals from an order of the Flathead County District Court denying his motion for a change of venue to Cascade County. The sole issue in this appeal is whether the place of performance in a contract is in Flathead County or Cascade County. We affirm the District Court.

Plaintiff, R. K. Peenstra, d/b/a Town House Furniture (herein furniture store) operates a retail furniture store in Kalispell, Montana. Defendant purchased furniture in Kalispell but had it delivered to Great Falls, Montana, his place of residence. Defendant (herein buyer) paid $100 down with the…