Legal Opinion

Arrowhead Sch. Dist. 75, Park Co. v. Klyap

Montana Supreme Court

Decided October 27, 2003No. 01-332PublishedCited by 60 opinions

1Opinion of the CourtJustice Nelson

¶1 Appellant James Klyap (Klyap) appeals a judgment of the Sixth Judicial District Court, Park County, ordering him to pay liquidated damages under his contract with Arrowhead School District No. 75. We affirm.

¶2 We address the following issue on appeal: Did the District Court err in concluding the damages clause in the contract was an enforceable liquidated damages term rather than an unenforceable penalty?

*106I. FACTUAL AND PROCEDURAL BACKGROUND

¶3 Arrowhead School District No. 75 (District) is located in Park County south of Livingston. The District consists of one school, Arrowhead School…

2Cases cited46 opinions

  1. Lake River Corporation, Plaintiff-Appellee-Cross-Appellant v. Carborundum Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1985
  2. James Patton, R.L. Hildebrand, Burns Harbor Plaza, Inc., and R.L. Hildebrand Enterprises, Inc. v. Mid-Continent Systems, Inc.Court of Appeals for the Seventh Circuit · 1988
  3. Iwen v. U.S. West DirectMontana Supreme Court · 1999
  4. Iwen v. US West DirectMontana Supreme Court · 1999
  5. Med+ Plus Neck & Back Pain Center v. NoffsingerAppellate Court of Illinois · 2000

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3Cited by60 opinions

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