McCarty v. Lincoln Green, Inc.

Ray I. Berryman a real estate agent, as third party defendant, appeals from a judgment in the Fourth Judicial District Court, Missoula County, in favor of Lincoln Green, Inc., James L. Lee, Bert A. Nelson and Benita Nelson (Lincoln Green, Inc.), third party plaintiffs.

Berryman raises these issues for review:(1) A principal may not be held liable to a third party for negligence of its agent where there is no proof of the agent’s liability to the third party.(2) The District Court erred in concluding that the principal’s agent was negligent through his acts or omissions or by…