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WISEMAN v. HOLT

No. 12492.

517 P.2d 711 (1973)

Lee V. WISEMAN and Shirley Wiseman, Plaintiffs and Respondents, v. Robert D. HOLT and Elizabeth D. Holt, Defendants and Appellants.

Supreme Court of Montana.

Decided December 28, 1973.

Attorney(s) appearing for the Case

Koch & McKenna, Hamilton, Robert B. Brown (argued), Stevensville, for defendants and appellants.

Garlington, Lohn & Robinson, Gary L. Graham (argued), Sherman V. Lohn, Missoula, for plaintiffs and respondents.

JAMES T. HARRISON, Chief Justice.

Plaintiffs, Lee and Shirley Wiseman, commenced this suit against defendants, Robert and Elizabeth Holt, seeking damages for breach of contract and tortious injury to personal and real property. Defendants filed a motion to dismiss for failure of the complaint to state a claim upon which relief could be granted. The motion was denied.

Defendants answered, denying damage and counterclaimed for rescission of the agreement and...

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