Mattson v. Julian

Defendant Gordon Julian appeals from the judgment of the Eighteenth Judicial District Court, Gallatin County, awarding plaintiffs $6,382.33, plus interest, due on a house construction contract. We affirm.

The issues are:

1. Whether evidence of defective performance is admissible under a general denial?

2. Whether there is substantial evidence to support the District Court’s determination that cost estimates did riot limit the cost-plus payment term of the construction contract?

3. Whether the District Court’s finding of an account stated was erroneous?

On June 1, 1978, George Mattson, Dick Prugh…