Martin Development Co. v. Keeney Construction Co.

In the action below, Martin Development Company, Inc. (“Martin”) sought to recover damages from Walter H. Peschel (“Peschel”), an individual, and Mountain Wood Apartments (“Mountain Wood”), a limited partnership, for breach of a construction contract. The District Court of the Fourth Judicial District, Missoula County, sitting without a jury, the Honorable Robert J. Boyd of the Third Judicial District presiding, found for Martin and awarded lost profits, interest, and attorneys’ fees. From this judgment Peschel and Mountain Wood appeal.

In 1977, Dr. Walter Peschel undertook negotiations with…