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WESTFALL v. MOTORS INS. CORP.

No. 10355.

374 P.2d 96 (1962)

Byron L. WESTFALL, Plaintiff and Respondent, v. MOTORS INSURANCE CORPORATION, a Corporation, Defendant and Appellant.

Supreme Court of Montana.

Rehearing Denied August 31, 1962.

Attorney(s) appearing for the Case

Landoe & Gary, Joseph B. Gary (argued orally), Bozeman, for appellant.

Morrow & Nash, Donald A. Nash, (argued orally), Bozeman, for respondent.

JAMES T. HARRISON, Chief Justice.

Appeal from a judgment of the district court of Gallatin County in favor of the plaintiff and from an order denying a new trial.

The cause was tried before a jury and from the record it appears that on February 13, 1957, plaintiff, Byron L. Westfall, purchased a 1952 used Hillman automobile from Robert F. Dye, Inc., a retail automobile dealer doing business in Bozeman, Montana for $495. As a down payment, plaintiff was allowed...

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