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Moore v. Goran, LLC

Supreme Court of Montana

August 22, 2017

MARK MOORE, Plaintiff and Appellee,
v.
GORAN, LLC and JOHN DOES 1-5, Defendants and Appellants.

          Submitted on Briefs: June 28, 2017

         APPEAL 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

         COUNSEL OF RECORD:

          For Appellants:

          W. Scott Mitchell, Brianne C. McClafferty, Holland & Hart LLP, Billings, Montana

          For Appellee:

          James R. Halverson, John L. Wright, Halverson, Mahlen & Wright, P.C., Billings, Montana

          Chief Justice Mike McGrath delivered the Opinion of the Court.

         ¶1 This appeal comes from the District Court's grant of a summary judgment motion in favor of Mark Moore.

         ¶2 We restate the issue on appeal as follows:

         Did the District Court err when it granted summary judgment to Moore?

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶3 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.

         ¶4 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, ...


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