Whitlock Construction, Inc. v. South Big Horn County Water Supply Joint Powers Board

LEHMAN, Chief Justice.

[T1] This is an appeal from a district court order dismissing Whitlock Construetion's claims based upon the finding that no binding contract existed between Whitlock and the South Big Horn County Water Supply Joint Powers Board (JPB). We hold that a contract did exist between Whitlock and the JPB but affirm the order dismissing the claims on the ground that performance under the contract never became due because a necessary condition to performance did not oceur.

ISSUES

[12] Whitlock states the issues as follow:

1. Whether the actions of the appellee WWDC and their…