Legal Opinion

Billings Leasing Co. v. Payne

Montana Supreme Court

Decided April 10, 1978No. 13395PublishedCited by 23 opinions

1Opinion of the CourtJustice Shea

Plaintiff Billings Leasing Co. appeals from a jury verdict and judgment in the Yellowstone County District Court denying its claim and awarding $9,194.25 to defendant Payne on his counterclaim.

As we attempt to unscramble the issues raised on appeal, we find that neither party had a coherent theory of recovery which was presented to the jury and covered by jury instructions. For this reason it is extremely difficult to analyze most of the issues raised on appeal. However, we do agree with Billings Leasing that there was a complete failure to instruct the jury on damages with relation to…

2Cases cited3 opinions

  1. United States v. Greenwich Mill & Elevator CompanyDistrict Court, N.D. Ohio · 1968
  2. Zanos v. Great Northern Ry. Co.Montana Supreme Court · 1921
  3. Hewitt v. NovakMontana Supreme Court · 1945

3Cited by23 opinions

  1. State v. KouglMontana Supreme Court · 2004
  2. State v. KouglMontana Supreme Court · 2004
  3. Richard GAUTHIER, Plaintiff-Appellee, v. AMF, INC., Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1986
  4. Runkle v. Burlington NorthernMontana Supreme Court · 1980
  5. Peterson v. St. Paul Fire & Marine InsuranceMontana Supreme Court · 2010

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