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Welu v. Twin Hearts Smiling Horses, Inc.

386 P.3d 937 (2016)

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Welu v. Twin Hearts Smiling Horses, Inc.

Montana Supreme Court
386 P.3d 937 (2016)

DD

Facts

Tim Welu (plaintiff) and Twin Hearts Smiling Horses, Inc. (Twin Hearts) (defendant) installed an irrigation system on a ranch they owned. When Welu and Twin Hearts installed the irrigation system, they agreed that Twin Hearts would operate and maintain the system. The agreement was not limited to a specific timeframe. Additionally, the irrigation system was not designed to be used in more than one location. Indeed, the irrigation system was tailored to fit its location on the ranch. Welu eventually sought to remove the irrigation system, but Twin Hearts refused to allow him to do so. Subsequently, Welu filed suit against Twin Hearts, contending that he was entitled to remove the irrigation system. The trial court held that the irrigation system was a fixture and that Welu was thus not permitted to remove it. Welu appealed to the Montana Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Cotter, J.)

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