Barnard Realty Co. v. City of Butte

This is the second time this cause has been before this court. The first trial in the district court resulted in findings and a decree in favor of the defendant. On appeal this court reversed the decree and awarded plaintiff a new trial on the ground that the evidence was insufficient to sustain the findings (48 Mont. 102, 136 Pac. 1064). By referring to the statement preceding the opinion delivered on that appeal, illustrated by the accompanying diagram, a full understanding may be had of the subject matter involved. Before the second trial the defendant was permitted" to amend its answer by…