Submitted on Briefs: June 28, 2017
FROM: District Court of the Twenty-Second Judicial District,
In and For the County of Carbon, Cause No. DV-16-27 Honorable
Blair Jones, Presiding Judge
Scott Mitchell, Brianne C. McClafferty, Holland & Hart
LLP, Billings, Montana
R. Halverson, John L. Wright, Halverson, Mahlen & Wright,
P.C., Billings, Montana
Justice Mike McGrath delivered the Opinion of the Court.
This appeal comes from the District Court's grant of a
summary judgment motion in favor of Mark Moore.
We restate the issue on appeal as follows:
the District Court err when it granted summary judgment to
AND PROCEDURAL BACKGROUND
Mark Moore (Moore) is the owner of the Moore gravel pit
(Moore Pit) north of Red Lodge, Montana. Goran, LLC (Goran)
is a Utah Limited Liability Company contracted by the Montana
Department of Transportation (MDT) to build the Red Lodge
Tied Projects. Moore and Goran entered into a contract
(Contract) in which Moore agreed to provide Goran crushed
aggregate material. Goran's form contract was used.
Moore loaded crushed aggregate onto Goran's trucks at the
Moore Pit, where it was weighed and the driver of Goran's
truck would sign for and receive a weight ticket. Each week
Moore would send an invoice to Goran for the crushed
aggregate, measured by the ton at the Moore Pit; Goran paid
the invoices. Once Goran had removed all of the materials
from the Moore Pit it needed, Goran refused to pay the final
invoices. Moore sued for breach of contract, violation of the
Montana Prompt Payment Act, ...