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OSTERMILLER v. PARKER

No. 11438.

451 P.2d 515 (1968)

Pat OSTERMILLER, an Infant, by Emma Ostermiller, her guardian, Plaintiff, v. Michael PARKER, Defendant. Michael Parker, a minor, by William Parker, his guardian ad litem, Third-Party Plaintiff and Respondent, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Glens Falls Insurance Company, State Farm Mutual et al., Third-Party Defendants and Appellants.

Supreme Court of Montana.

Decided December 12, 1968.

Certiorari Denied April 21, 1969.

Attorney(s) appearing for the Case

Robert L. Kelleher (argued), Billings, for appellant.

Cooke, Moulton, Bellingham, Longo & Mather, Ward Swanser (argued), Crowley, Kilbourne, Haughey, Hanson & Gallagher and Bruce R. Toole, Bruce R. Toole (argued), Hutton, Schiltz & Sheehy, Lee Overfelt, Billings, for respondent.

Certiorari Denied April 21, 1969. See 89 S.Ct. 1471.

JAMES T. HARRISON, Chief Justice.

On July 15, 1964, William Parker purchased a 1956 two door Mercury automobile from Midland Dodge Inc. A 1954 two door Chevrolet was traded in on the Mercury, and William Parker signed a contract with Midland Dodge after his son, Michael, paid the dealer $100 in addition to the trade-in. Apparently, after two additional payments of $38 each which were to be made on August...

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