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SMALL v. COCA-COLA BOTTLING COMPANY OF MISSOULA

No. 9743.

328 P.2d 124 (1958)

Thomas J. SMALL, Plaintiff and Appellant, v. COCA-COLA BOTTLING COMPANY OF MISSOULA, a corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided May 20, 1958.

Rehearing Denied August 13, 1958.

Attorney(s) appearing for the Case

Fred C. Root, Shallenberger & Paddock, Missoula, Fred C. Root, Missoula, argued orally, for appellant.

Smith, Boone & Rimel, Mulroney & Mulroney, Missoula, E.C. Mulroney and Russell E. Smith, argued orally, for respondent.

ERNEST E. FENTON, District Judge, sitting in place of BOTTOMLY, Justice.

Appeal from a judgment of the district court in Missoula County dismissing with prejudice the action brought by appellant upon a contract for the sale to the respondent corporation of thirty-five shares of its capital stock. The total sale price specified by the contract was $52,500, on which a down payment of $15,000 and two annual installments of ...

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