¶ 1 The plaintiff, Marco and Company, LLC, d/b/a/ Managed Pharmacy Consultants (Marco), commenced this action in the District Court for the Thirteenth Judicial District in Yellowstone County to Page 295 recover damages from Deaconess/Billings Clinic Health System, d/b/a Aspen Meadows Retirement Community (Deaconess) for breach of contract. Pursuant to the remedies provision of the contract, Marco petitioned the District Court for a decree of specific performance or an injunction to prevent Deaconesss breach of contract. Marco also petitioned for a temporary restraining order to preserve the status quo. The District Court granted the temporary restraining order and ordered a show cause hearing to consider Marcos petition for an injunction or specific performance. On August 6, 1997, the District Court issued its findings of fact and conclusions of law and order in which it denied Marcos petition for a decree of specific performance and injunction and dissolved the temporary restraining order. The District Court held that the contract at issue was one for the sale of goods, not personal services, and that because Deaconess breached the agreement between the parties, Marco was entitled to money damages. Marco appeals the District Courts order which awarded money damages but denied it specific performance or an injunction. We reverse the judgment of the District Court.
