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HIGDEM v. WHITHAM

No. 12873.

536 P.2d 1185 (1975)

Elmer HIGDEM and Verda Higdem, husband and wife, Plaintiffs and Respondents, v. William R. WHITHAM and Jung Yul Whitham, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided June 13, 1975.

Attorney(s) appearing for the Case

McGarvey & Moore, Kalispell, James D. Moore, argued, Kalispell, for appellants.

Fennessy, Crocker & Harman, Libby, David W. Harman, argued, Libby, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal by defendants William R. Whitham and Jung Yul Whitham from an order and judgment entered in the district court, Lincoln County, holding that a garage built by the defendants violated certain restrictive covenants and ordering the garage removed. The matter was tried by the court, sitting without a jury.

The matter was presented to the trial court on these agreed facts:

"That plaintiffs [Elmer Higdem and...

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