MYERS v. BENDEWALD

No. 12178.

502 P.2d 412 (1972)

Robert W. MYERS and Gloria Jean Myers, husband and wife, Plaintiffs and Appellants, v. Otto BENDEWALD and Evelyn Bendewald, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided November 3, 1972.


Attorney(s) appearing for the Case

Tipp, Hoven & Brault, Raymond W. Brault argued, Missoula, William T. Kelly argued, Billings, for plaintiffs and appellants.

William F. Meisburger, County Atty., argued, Forsyth, for defendants and respondents.


HASWELL, Justice.

This is an appeal from a judgment and an order denying a new trial in Rosebud County. The district court, the Hon. Alfred B. Coate, district judge, sitting without a jury, entered findings of fact, conclusions of law, and judgment for the defendants in an action brought by plaintiffs for conveyance of a disputed one-half interest in lands situated near Forsyth, Montana. The court held that the statute of frauds barred plaintiffs' action and rendered...

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