Legal Opinion

Empire Office MacHines, Inc. v. Aspen Trails Associates LLC

Montana Supreme Court

Decided April 8, 2014No. DA 13-0455PublishedCited by 5 opinions

1Opinion of the CourtJustice Wheat

¶1 Empire Office Machines, Inc., (Empire) appeals from the Order of the First Judicial District Court, Lewis and Clark County, granting Kevin Demaray’s (Demaray) Motion for Summary Judgment. We affirm.

ISSUE

¶2 We review the following issue:

Did the District Court err in granting Demaray’s motion for summary judgment on the basis that he was not personally liable under a contract, when the contracts signature line did not identify that he was signing as an agent for an LLC?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Aspen Trails Associates, LLC (Aspen), was a development company that operated under the…

2Cases cited5 opinions

  1. Eschenbacher v. AndersonMontana Supreme Court · 2001
  2. Myers-Leiber Sign Co. v. WeirichCourt of Appeals of Arizona · 1966
  3. Como v. RhinesMontana Supreme Court · 1982
  4. Hurly v. Lake Cabin Development, LLCMontana Supreme Court · 2012
  5. Pennaco Energy, Inc. v. Montana Board of Environmental ReviewMontana Supreme Court · 2008

3Cited by5 opinions

  1. Big Sky Civil & Envtl., Inc. v. DunlavyMontana Supreme Court · 2018
  2. Lewis & Clark County v. HamptonMontana Supreme Court · 2014
  3. Smelser v. L & H Truck Services, LLCCourt of Civil Appeals of Alabama · 2014
  4. Gordon v. Estate of BrooksCourt of Appeals of Arizona · 2017
  5. Lewis & Clark County v. HamptonMontana Supreme Court · 2014

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