Varco-Pruden v. Nelson

Varco-Pruden, a California corporation, plaintiff and appellant herein, appeals from an order of the Gallatin County District Court dismissing its complaint for failure to state a cause of action upon which to base foreclosure of a materialman’s lien.

The facts in this case are as follows. Varco-Pruden is a California corporation with its principal place of business in Turlock, California. R. R. Nelson is a Montana resident and the owner of approximately 76 acres of land in the Gallatin Valley, near Bozeman, Montana.

On or about January 28, 1976, R. R. Nelson contracted with T and H…