Montana Supreme Court January 20, 1970, No. 11637 (Kiely Construction Co. v. State ex rel. State Highway Commission)

MR. JUSTICE JOHN C. HARRISON,

delivered the Opinion of the Court.

Plaintiff brought this suit for two different claims arising out of the performance of a highway construction project. The trial court directed the verdict for the plaintiff as to liability on one of the claims and the jury awarded the verdict for the plaintiff on the other claim.