STC, INC. v. City of Billings

Plaintiff building owner sued the City of Billings for damages based on an alleged anticipatory breach of a lease. Following a non jury trial the district court of Yellowstone County entered judgment for defendant city. Plaintiff appeals from this judgment.

The controlling issue on appeal is whether a vote by the Billings city council on February 5, 1973 “to not re-affirm the provisions of the original lease” with STC constituted a repudiation or anticipatory breach of the lease agreement. The district court held it did not. We agree.

The facts are largely undisputed. Plaintiff is a Montana…