Varano v. Hicks

366 Mont. 171, 2012 MT 195 (2012) · Supreme Court of the State of Montana · September 5, 2012 · No. DA 12-0031

Summary

The Montana Supreme Court affirmed a district court judgment awarding Anthony Varano $616.33 plus costs for damages, gasoline, and oil arising from Micheal Hicks's use of Varano's snowmobile. The court held that substantial evidence supported the finding of an enforceable oral agreement and the judgment amount, and declined to disturb the district court's credibility determinations.

Holdings

  1. The District Court did not clearly err in finding that the parties entered an enforceable oral agreement under which Hicks would be responsible for damage to the snowmobile and would pay for gasoline and oil.
  2. The District Court's award of $500 for the agreed repair amount and $116.33 for gasoline and oil was supported by substantial evidence and was not clearly erroneous.

Questions Presented

  1. Whether sufficient evidence supported the District Court's finding that the parties formed an enforceable oral contract concerning responsibility for snowmobile damage and operating expenses.
  2. Whether sufficient evidence supported the amount of the District Court's judgment.

Disposition

affirmed

Cases Cited (4)

  • Olsen v. Milner, 2012 MT 88, ¶ 16, 364 Mont. 523, 276 P.3d 934(followed)
  • Micone v. Dep't of Pub. HHS, 2011 MT 178, ¶ 10, 361 Mont. 258, 258 P.3d 403(followed)
  • Eldredge v. Asarco Inc., 2011 MT 80, ¶ 30, 360 Mont. 112, 252 P.3d 182(followed)
  • Hendricks v. State, 2006 MT 22, ¶ 16, 331 Mont. 47, 128 P.3d 1017(followed)

Cited In (0)

No citing cases on record yet.

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