GALLATIN TRUST AND SAVINGS BANK v. FOSTER

No. 11530.

461 P.2d 452 (1969)

GALLATIN TRUST AND SAVINGS BANK, a corporation, Plaintiff and Respondent, v. Elmer FOSTER, Gail M. Foster, Melvin Foster, Amerilis Foster, Joseph Johnson, Mona J. Henke, and Wilbur Damstrom, Defendants and Appellants.

Supreme Court of Montana.

Decided November 19, 1969.


Attorney(s) appearing for the Case

Libra & Bolkovatz, A.L. Libra, argued, Small and Cummins, Floyd O. Small, argued, Helena, Conrad Fredericks, Big Timber, for defendants and appellants.

Lyman H. Bennett, Jr., argued, Bozeman, Thomas E. Towe, argued, Billings, for plaintiff and respondent.


HASWELL, Justice.

This is an appeal by various defendants from two summary judgments entered against them arising out of the construction financing of two homes in the Bozeman area. Both summary judgments were in favor of the Gallatin Trust & Savings Bank, the plaintiff in two separate actions consolidated in the district court of Gallatin county before Hon. W.W. Lessley, district judge.

The basic factual background...

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