Carl Weissman & Sons, Inc. v. St. Paul Fire & Marine Insurance

MR. CHIEF JUSTICE JAMES T. HARRISON,

delivered the Opinion of the Court.

This appeal stems from an action brought in the eighth judicial district, Cascade County, by Carl Weissman & Sons, Inc. against the appellant, St. Paul Fire & Marine Insurance Company, as surety for Great Falls Plumbing, Heating & Sheet Metal Co., Inc. The lower court granted summary judgment in favor of Weissman for stipulated damages which summary judgment was based upon an underlying summary judgment determining liability.

On July 3, 1964, the Roman Catholic Bishop of Great Falls, Montana, let a construction contract to…