Triton Coal Co. v. Husman, Inc.

with whom THOMAS, Justice, joins.

Husman sued Triton Coal Company to recover loss and damage resulting from breach of contract because of Triton’s failure to pay for overburden moved and for negligent misrepresentation of soil and water conditions which caused Husman to enter into the contract causing damage. On July 9, 1990, the trial court entered summary judgment in favor of Triton and against Husman, stating:

[T]he Court finds that there are no genuine issues as to any material fact and the Defendant [Triton] is entitled to Judgment as a matter of law on all claims asserted by the Plaintiff.