Engine Rebuilders, Inc. v. Seven Seas Import-Export & Merc., Inc.

Third party plaintiffs, Seven Seas Import-Export & Mercantile, Inc., and Raymond W. Brault, appeal from an order and judgment of dismissal by the District Court of the Fourth Judicial District, Missoula County, dismissing their counterclaim and third party complaint in favor of the counterdefendant, Engine Rebuilders, Inc., and third party defendants, Richard Dale Smith, Alice Smith, Willian D. Hirst, James H. Sadler and Missoula Bank of Montana.

In June 1973 Seven Seas contracted with Engine Rebuilders to construct a large commercial garage for the price of $46,229.50. To facilitate payment…