McConnell v. District Court of Seventeenth Judicial Dist.

MR. JUSTICE CHEADLE,

delivered tbe opinion of tbe Court.

Relator applies for a writ of mandate or other appropriate writ, asking that a certain judgment entered in the case of Pioneer Engineering Works, Inc., Plaintiff, v. P. H. McConnell, De fendant, be set aside and annulled. This case has before been in this court, being reported in 113 Mont. 392, 130 Pac. (2d) 685 and 132 Pac. (2d) 160.

Briefly, the action involves an agreement between the parties under the terms of which the defendant ordered from plaintiff a certain plant and machinery to crush, wash and grade gravel and sand, which plant…