Circle's Seeds of Montana, Inc. v. T & M Transporting, Inc.

¶1 T & M Transporting, Inc., and Ronald and Patricia Tash (hereinafter collectively “Tash” except where necessary for clarity) appeal a jury verdict finding them in breach of their partnership agreement and their contract with Circle S Seeds (hereinafter “Circle”) and in breach of their duties as sales agents for Circle. The jury also concluded that Tash committed fraud, negligent misrepresentation and constructive fraud against Circle. We reverse and remand for a new trial.

ISSUES

¶2 The issues on appeal are:

¶3 Did the District Court abuse its discretion in excluding Tash’s expert testimony…