Estate of Pruyn v. Axmen Propane, Inc.

¶1 Earl Pruyn filed suit against Edward Kimbrell and Axmen Propane, Inc. (Axmen) claiming they had defaulted under the terms of a promissory note. After Pruyn’s death in June 2008, his estate was substituted as plaintiff in this case. Eventually, the District Court for the Fourth Judicial District, Missoula County, denied Pruyn’s motions for summary judgment and granted Axmen’s cross-motions for summary judgment and awarded Axmen its attorney’s fees. We affirm in part, reverse in part, and remand for further proceedings consistent with this Opinion.

¶2 Pruyn raises the following issues on…