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DAVIS v. BURTON

No. 9113.

246 P.2d 236 (1952)

DAVIS, et al. v. BURTON, et al.

Supreme Court of Montana.

Decided July 28, 1952.

Attorney(s) appearing for the Case

Ralph J. Anderson, Helena, Berg & Pfohl, Livingston, Michael J. O'Connell, Bozeman, for appellants.

H.A. Bolinger, Jr., George W. Horkan, Bozeman, for respondent.

ANGSTMAN, Justice.

This is an appeal from an order denying plaintiffs' application for an injunction pendente lite. The action seeks cancellation and termination of a written contract between plaintiffs and defendants for alleged failure upon the part of defendants to carry out certain of its terms and conditions.

The contract is attached to the complaint and is denominated a "lease." By its terms plaintiffs leased to defendants 1600 acres

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