GOGGINS v. BOOKOUT

No. 10411.

378 P.2d 212 (1963)

Jack GOGGINS, Plaintiff and Appellant, v. Melvin BOOKOUT, Defendant and Respondent.

Supreme Court of Montana.

Decided January 31, 1963.


Attorney(s) appearing for the Case

Thomas L. Bradley, Laurel, for appellant.

Luedke & Packwood, Otis L. Packwood, Billings, for respondent.


JAMES T. HARRISON, Chief Justice.

This is an action for the balance due on a promissory note and involves a summary mortgage foreclosure. Plaintiff appeals from an adverse judgment, and the defendant cross appeals for attorney's fees.

The record discloses that the plaintiff sold 400 aged ewes to the defendant. In payment, the plaintiff took a promissory note for $6,000, secured by a chattel mortgage on the sheep. These two instruments were executed and delivered...

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