Gwynn v. Cummins

¶1 David Gwynn (Gwynn) appeals from a summary judgment order entered for Douglas and Kim Cummins (the Cumminses) by the Fourth Judicial District Court, Missoula County. We reverse and remand.

¶2 We consider the following issue on appeal:

¶3 Whether the District Court properly granted summary judgment for the Cumminses.

BACKGROUND

¶4 In May 2004, the Cumminses obtained a bid proposal from Philip “Po” Hemry (Hemry), of Hemry Construction, to prepare their land and construct a concrete foundation for placement of their new modular home. The total bid for the construction project was $9,200,…