SCHALK v. BRESNAHAN

No. 10008.

354 P.2d 735 (1960)

138 Mont. 129

Frances SCHALK, Plaintiff and Appellant, v. Richard and Virginia BRESNAHAN, Defendants and Respondents.

Supreme Court of Montana.

Decided July 27, 1960.

Rehearing denied September 8, 1960.


Attorney(s) appearing for the Case

J.B.C. Knight and Wade J. Dahood, Anaconda, argued orally for appellant.

Horace J. Dwyer, Anaconda, argued orally for respondents.


CASTLES, Justice.

This is an appeal from an order denying a motion to reconsider an order setting aside a default judgment. The complaint in this action seeks recovery of $750 in two causes of action.

In the first cause, it was alleged in substance that the $750 represented a down payment on certain real estate which plaintiff agreed to buy from defendants; that defendants agreed to complete improvements but failed to do so; and that plaintiff made demand...

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