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VETERANS REHABILITATION CENTER, INC. v. BIRRER

No. 13183.

551 P.2d 1001 (1976)

VETERANS REHABILITATION CENTER, INC., Plaintiff and Appellant, v. Emmett F. BIRRER, Defendant and Respondent.

Supreme Court of Montana.

Decided July 7, 1976.

Attorney(s) appearing for the Case

Bennett & Bennett, Bozeman (Lyman Bennett III, Bozeman, argued), for appellant.

Berg, Angel, Andriolo & Morgan, Bozeman, Gregory O. Morgan argued, Bozeman, for respondent.

JOHN C. HARRISON, Justice.

Plaintiff appeals from the judgment of the district court, Gallatin County, dismissing its complaint and allowing defendant to recover costs incurred in defense of the suit.

Plaintiff, a nonprofit Oregon corporation, and defendant Emmett Birrer, entered into a contract under which defendant was to operate a retail business for plaintiff corporation in Bozeman, Montana. Under the express terms of the contract (1) plaintiff was to...

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