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KOVACICH v. METALS BANK AND TRUST COMPANY

No. 10228.

365 P.2d 639 (1961)

Paul J. KOVACICH and Marie T. Kovacich, Husband and Wife, Plaintiffs and Appellants, v. METALS BANK AND TRUST COMPANY, a Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided October 26, 1961.

Attorney(s) appearing for the Case

J.B.C. Knight (argued orally), W.J. Dahood (argued orally), Anaconda, for appellants.

Corette, Smith & Dean, Kendrick Smith (argued orally), Butte, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment of the district court of the second judicial district of the State of Montana, in and for the County of Silver Bow, entered following the sustaining of a demurrer to the plaintiffs' amended complaint.

The plaintiffs, Paul J. Kovacich and his wife, in their amended complaint, made the following allegations:

That on February 25, 1959, they purchased...

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