Kirby v. Kenyon-Noble Lumber Co.

Plaintiff Jack Kirby appeals from a judgment of the district court, Gallatin County, awarding damages for breach of contract. Kirby asserts the judgment awarded is inadequate and conflicts with the court’s own findings and conclusions.

Jack and Barbara Kirby (Kirby), entered into a contract with Kenyon-Noble Lumber Co., Bozeman, Montana (contractor), on October 20, 1969 to build a home on their property near Ennis, Montana. The contractor’s work was to be completed on or about December 1, 1969. The contract provided for Kirby to pay $18,883.45 and to furnish the excavation for the foundation…