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DUNJO LAND CO. v. HESTED STORES CO. OF WYOMING

No. 12532.

515 P.2d 961 (1973)

DUNJO LAND COMPANY, a copartnership, composed of Joanne K. Hargraves and Dungan H. McCauley, Plaintiff and Respondent, v. HESTED STORES COMPANY OF WYOMING and J.J. Newberry Company, Defendants and Appellants.

Supreme Court of Montana.

Decided October 31, 1973.

Attorney(s) appearing for the Case

Jones, Olsen & Christensen, Billings, Robert L. Zimmerman, argued, Billings, for appellants.

Hibbs, Sweeney & Colberg, Billings, Hugh Sweeney, argued, Billings, for respondent.

CASTLES, Justice.

Defendants appeal from the granting of summary judgment for plaintiff in an action for damages founded on the provisions of a lease.

From admissions contained in the pleadings and an agreed statement of facts, the district court of the thirteenth judicial district, Yellowstone County, found these facts: That on September 11, 1959, defendant Hested Stores Company, the predecessor in interest to defendant J.J. Newberry Co., entered into a lease...

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