Circle S Seeds of Montana, Inc. v. Montana Merchandising, Inc.

¶25 I dissent. In concluding that Gallatin County is a proper venue under § 25-2-122(1)(b), MCA, we have misconstrued the statute, we have erroneously expanded this Court’s holding in BHC Holding Co. v. Hurly, and we have displaced the historic primacy of the county of the defendant’s residence as the primary place of venue. 242 Mont. 4, 788 P.2d 322 (1990).

¶26 Upon concluding that Circle S’s claim sounds basically in tort, we proceed to cite BHC Holding Co. for the proposition that a tort is committed, for the purposes of venue, “where there is a concurrence of breach of obligation and the…