Montana Farm Service Co. v. Marquart

Defendant Leo Marquart appeals from a judgment of the District Court, Missoula County, granting plaintiff judgment in the sum of $5,301.27 plus attorney fees of $1,500 and costs.

On or about September 1, 1973, defendants entered into a written agreement with plaintiff, whereby defendants were designated as the service agent for plaintiff in Missoula, Montana. Under the agreement, defendants were authorized to merchandise tires, batteries and accessories delivered to them by plaintiff.’

At trial, the testimony concerning the execution of this agreement was conflicting. Plaintiff’s agent, Stewart…