STEEN v. RUSTAD

No. 9373.

313 P.2d 1014 (1957)

Donald H. STEEN, Plaintiff and Respondent, v. Hubert E. RUSTAD and Evelyn T. Rustad, Husband and Wife, Defendants and Appellants.

Supreme Court of Montana.

Decided August 1, 1957.

Rehearing Denied August 19, 1957.


Attorney(s) appearing for the Case

George J. Allen, Livingston, Leavitt & Lucas, Miles City, and Ralph J. Anderson, Helena, (Ralph J. Anderson argued orally), for appellants.

Young, Martin & Young, Baker, (Arthur B. Martin, Baker, argued orally), for respondent.


HARRISON, Chief Justice.

On November 2, 1950, defendants and plaintiff made and executed a certain agreement entitled "Lease With Option to Buy — Agreement" describing certain lands owned by the defendants which covered the farming year of 1951. As a part of its terms the agreement provided:

"In consideration of the foregoing premises, tenant agrees to pay the landlord under one of the following plans:

"Plan No. 1. Tenant shall deliver on or...

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