In Elkins v. Husky Oil Co. (1969), 153 Mont. 159, 455 P.2d 329, the alleged materialman actually owned gasoline pumps, signs, lights and an air compressor at a service station where it delivered fuel. In fact, the supplier would occasionally assist the service station owner in completing work on an "off and on" basis. There were written equipment lease and truck rental agreements between the parties. Following an explosion at the service station, the materialman (supplier) was named as a defendant. The District Court granted summary judgment on the basis that no agency relationship existed and the District Court was affirmed by the Supreme Court finding that Defendant was a mere supplier (materialman), not an agent of the service station owner.