Miller v. Yellowstone Irr. Dist

1 Citing case

  1. Timpano v. Cent. Mont. Dist. Six Human Res. Dev. Council

    409 Mont. 536 (Mont. 2022)

    See § 39-2-101, MCA (defining "employment" as "a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or a third person"); Flanigan v. Prudential Fed. Sav. & Loan Ass'n , 221 Mont. 419, 423-28, 720 P.2d 257, 259-62 (1986) ; Dare v. Mont. Petroleum Mktg. Co. , 212 Mont. 274, 279-83, 687 P.2d 1015, 1018-20 (1984) ; Gates v. Life of Mont. Ins. Co. , 196 Mont. 178, 184-85, 638 P.2d 1063, 1066-67 (1982). See also Miller v. Yellowstone Irr. Dist. , 91 Mont. 538, 540-42, 9 P.2d 795, 796-97 (1932) (pre-WDEA contract-based wrongful discharge claim). The common law duty to mitigate damages, from which the similar WDEA duty to mitigate damages derives, applies equally in contract and in tort.