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O'NEIL v. LIPINSKI

No. 13313.

567 P.2d 909 (1977)

Lawrence E. O'NEIL, Charles H. O'Neil and Wynona M. O'Neil, Plaintiffs and Respondents, v. John J. LIPINSKI and Ann Lipinski, Defendants and Appellants.

Supreme Court of Montana.

Decided July 14, 1977.

Attorney(s) appearing for the Case

Hash, Jellison & O'Brien, Kalispell, M. Dean Jellison argued, Kalispell, for defendants and appellants.

Warden, Walterskirchen & Christiansen, Kalispell, William C. Walterskirchen argued, Kalispell, for plaintiffs and respondents.

HARRISON, Justice.

This is an appeal by defendants Lipinski from a judgment of the district court, Flathead County, for plaintiffs O'Neil granting specific performance of an agreement to repair an irrigation dam and to replace certain pipe.

Lipinski presents three issues on appeal:

1. Whether specific performance of a contract should be granted where alleged unreasonable delay by plaintiff renders timely performance of this contract impossible and...

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