McIntosh v. Mills , 150 Mont. 79 ( 1967 )

MR. JUSTICE CASTLES,

specially concurring:

I concur in the results here. However, as I read this record, the only evidence is that the bill was due and owing, it was acknowledged, paid upon, became an account stated, and that there is simply no evidence to the contrary. Therefore the District Judge, in his supposed reliance on a Justice Court jury, simply did not have any evidence to support it. In this situation we can and do reverse and enter judgment.