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Fitterer v. Mullin

Fitterer v. Mullin, 2015 MT 272 (Sept. 15, 2015) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether there was a valid contract between A&C and Fitterer for the sale of fertilizer and chemicals; (2) whether Fitterer is entitled to prejudgment interest; and (3) whether Clint is personally liable for money owed under A&C’s contract with Fitterer.

Short Answer: (1) Yes, as a UCC contracts for goods; (2) yes; and (3) no.

Affirmed on issues 1 & 2, reversed on issue 3, & remanded for entry of an amended judgment

Facts: Fitterer is a North Dakota corporation licensed to do business in Montana. A&C is a Montana corporation, and Clint is the president and sole shareholder. In May 2007, A&C bought fertilizer and chemical from Fitterer on account.…