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PAULSON v. KUSTOM ENTERPRISES, INC.

No. 11864.

483 P.2d 708 (1971)

Alfred E. PAULSON and Thelma E. Paulson, Plaintiffs and Appellants, v. KUSTOM ENTERPRISES, INC., a Utah Corporation, d/b/a Allied Carpets, and Prudential Federal Savings and Loan Association, a Federal Association Defendants and Respondents.

Supreme Court of Montana.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Alexander, Kuenning, Hall & Miller, John H. Kuenning (argued), Great Falls, for plaintiffs and appellants.

McCaffery & Peterson, Joseph J. McCaffery, Jr., (argued), Butte, for defendants and respondents.

CASTLES, Justice.

This is an appeal from summary judgments granted to defendants and against plaintiffs as will be set out hereinafter. Appellants will be referred to as plaintiffs, respondents as defendants or Prudential or Kustom.

Plaintiffs complained in three counts: (1) to rescind or cancel a contract of purchase from defendant Kustom and also to rescind or cancel an installment note-mortgage to defendant Kustom, which Kustom had transferred to defendant...

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