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MOORE v. SWANSON

No. 13342.

556 P.2d 1249 (1976)

Mark M. MOORE, Plaintiff and Respondent, v. Howard J. SWANSON and M. Evelyn Swanson, Defendants and Appellants.

Supreme Court of Montana.

Decided November 30, 1976.

Attorney(s) appearing for the Case

Ayers & Alterowitz, Red Lodge, Arthur W. Ayers, Jr., argued, Red Lodge, for defendants and appellants.

Berger, Anderson, Sinclair & Murphy, Billings, Richard W. Anderson, argued, Billings, for plaintiff and respondent.

HASWELL, Justice.

Plaintiff Mark M. Moore, as buyer, brought this action against defendants Swansons, as sellers, to rescind a contract for deed or, in the alternative, to recover money damages. The district court awarded damages to plaintiff, and defendants appeal.

On July 18, 1973, plaintiff and defendants executed a contract for deed whereby defendants agreed to convey to plaintiff the Alpine Village Motel near Red Lodge, Montana and the property upon which...

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