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Pacific Hide & Fur Depot v. Emineth Custom Homes, Inc.

Pacific Hide & Fur Depot v. Emineth Custom Homes, Inc., 2016 MT 114 (May 17, 2016) (McGrath, C.J.) (5-0, aff’d & rev’d)

Issue: Whether the district court properly entered judgment following the jury’s verdict. 

Short Answer: No. It erred in assuming Pacific was entitled to a refund of its down payment.

Affirmed in part, reversed in part, and remanded

Facts: Pacific put a warehouse construction and office/shop remodeling project out for bid in 2011, and awarded the contract to Emineth as the low bidder. An unsuccessful bidder threatened to cancel a rail siding lease if Emineth were allowed to proceed, and Pacific revoked the contract with Emineth. Shortly thereafter Pacfici entered into two contracts with Emineth, one for renovating the office/shop and one to build employee housing.…