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FLINDERS v. GILBERT

No. 10409.

378 P.2d 385 (1963)

Cecil FLINDERS and John Flinders, co-partners doing business as Flinders Agency, Plaintiffs and Respondents, v. Wayne GILBERT, Defendant and Appellant.

Supreme Court of Montana.

Decided January 31, 1963.

Attorney(s) appearing for the Case

Cedor B. Aronow and David O. DeGrandpre, Shelby, (argued), for appellant.

Donald E. Ronish, Lewistown (argued), for respondents.

NAT ALLEN, District Judge (sitting in place of DOYLE, J).

This is an appeal from a judgment entered on a directed verdict for the plaintiff. The undisputed facts are as follows:

Defendant owned a farm near Hobson, Montana, which he was buying from one Fitzwater. He was having difficulty in making his payments thereon and was unable to make the next payment due on July 1, 1960. To avoid losing his equity therein, defendant listed the farm for sale with ten...

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