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Sep 25, 2015

Ebeltoft. Sickler obtains successful Montana Supreme Court Opinion

Recently, the Montana Supreme Court ruled in favor of one of Ebeltoft Sickler Lawyers’ clients in Fitterer Sales Montana, Inc. v Clint Mullin, Jr.; A&C Soaring Eagle Trucking, Inc., Case No. DA 15-0158, published at 2015 MT 272. At trial, Attorney Nicholas Grant obtained a favorable ruling for the firm’s client, Fitterer Sales Montana, Inc., for non-payment of fertilizer and chemical purchased by the Defendants in 2007. The Defendants argued at trial that they did not receive the fertilizer or chemicals ordered on their account, or, alternatively, that if it was ordered, it was done so by a relative of Defendant Clint Mullin, Jr. without permission. The trial court disagreed, finding that the fertilizer was all delivered and used by Defendants, and that the relative of Defendant Clint Mullin, Jr. was his agent. Attorney Grant also successfully argued that the firm’s client was entitled to over 7 years of pre-judgment interest at the rate of 10%.

On appeal by the Defendants, the Montana Supreme Court affirmed the trial court’s rulings, agreeing with Mr. Grant that there was sufficient evidence to show that the fertilizer was all delivered to Defendants, that Defendants were obligated to pay for it, and that the award of pre-judgment interest was appropriate