DOOLING v. CASEY

No. 11509.

448 P.2d 749 (1968)

John DOOLING, John S. Dooling and James J. Bertino, Plaintiffs and Respondents, v. John Jay CASEY, Bright-Holland Company et al., Defendants and Appellants, BRIGHT-HOLLAND COMPANY et al., Plaintiffs and Appellants, v. Dorothea DOOLING, Defendant and Respondent.

Supreme Court of Montana.

Rehearing Denied January 16, 1969.


Attorney(s) appearing for the Case

Lyman H. Bennett, Jr. (argued), Bozeman, for appellants.

Kendrick Smith (argued), Butte, W.G. Gilbert, Jr., Dillon, for respondents.


HASWELL, Justice.

This is an appeal from a net judgment in the amount of $62,952.15 in favor of the buyers under a contract for the sale of land covering damages awarded them for breach of contract reduced by the amount due on a promissory note given in partial payment of the purchase price. All claims for relief and defenses were litigated in one jury trial in the district court of the Fifth Judicial District of Montana before the Honorable Philip C. Duncan, district...

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