Kiely Constr. Co. v. STATE, STATE HIGHWAY COM'N

463 P.2d 888 (1970)

KIELY CONSTRUCTION COMPANY, A Corporation, Plaintiff and Respondent,

v.

STATE of Montana, Acting by and Through the STATE HIGHWAY COMMISSION of the State of Montana, Defendant and Appellant.

No. 11637.

Supreme Court of Montana.

Submitted December 11, 1969.

Decided January 20, 1970.

John A. Alexander (argued), George P. Sarsfield (argued), Butte, for appellant.

Corette, Smith & Dean, Kendrick Smith (argued), Butte, for respondent.

JOHN C. HARRISON, Justice.

Plaintiff brought this suit for two different claims arising out of the performance of a highway construction project. The trial…