Big Sky Civil & Environmental, Inc. v. Dunlavy

The Montana Supreme Court affirmed the district court's denial of summary judgment to BSCE and grant of summary judgment on WAPC on BSCE's claim that Thomas Wertzberger was personally liable for certain professional services rendered by BSCE under a contract negotiated with WAPC, an agent of Allen Dunlavy. The court held that the district court correctly denied BSCE's motion for summary judgment on its claim that WAPC was not personally liable to BSCE pursuant to 28-10-702(1), MCA; the district court correctly granted summary judgment on WAPC's subsequent motion that WAPC was not personally liable to BSCE pursuant to 28-10-702(1), MCA; and the district court did not erroneously disregard an unqualified common-law agency rule that an agent who contracts on behalf of a non-existent principal was personally liable on the contract. View "Big Sky Civil & Environmental, Inc. v. Dunlavy" on Justia Law