PADDOCK v. CLAY

No. 10061.

357 P.2d 1 (1960)

Donald A. PADDOCK, Executor of the Estate of Jack Hartney, Deceased, Plaintiff and Appellant, v. A. W. CLAY, Defendant and Respondent.

Supreme Court of Montana.

Decided November 29, 1960.

Rehearing Denied December 19, 1960.


Attorney(s) appearing for the Case

Paddock, Skelton & Hendricks, Thomas P. Hendricks, Missoula, for appellant. Thomas P. Hendricks, Missoula, argued orally.

Goldman & Jordan, Joseph M. Goldman, Missoula, for defendant. Joseph M. Goldman argued orally.


ANGSTMAN, Justice.

This action seeks restitution of certain described premises, and for treble damages for loss of rents because of alleged acts of defendant in taking possession of the premises after the death of Hartney, the tenant. Plaintiff is the executor of the estate of Hartney.

The complaint alleges that plaintiff was entitled to the possession and occupancy of the premises at the times referred to in the complaint; that plaintiff was offered $35 per...

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