Morgen & Oswood Construction Co. v. Big Sky of Montana, Inc.

MR. JUSTICE JOHN C. HARRISON

delivered the -opinion of - the court.

This is an appeal from a judgment of the district court, Galla- tin County, for defendant in an action to foreclose on a mechanic’s lien.

Plaintiff Morgen & Oswood Construction Co., Inc. (Morgen & Oswood) brought this action to foreclose a mechanic’s lien on seventeen buildings' containing fifty condominium units at Big Sky of Montana, Inc. (Big Sky) site in the Gallatin Canyon, south of Bozeman. These were the first condominium units built at Big Sky and were built when the area was still relatively primitive.

Big Sky sought…