TSCHACHE v. BARCLAY

No. 13252.

564 P.2d 1299 (1977)

Junior W. TSCHACHE and Elizabeth A. Tschache, husband and wife, Plaintiffs and Respondents, v. Clarence L. BARCLAY and Gladys Barclay, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided May 26, 1977.

Rehearing Denied June 9, 1977.


Attorney(s) appearing for the Case

Bennett & Bennett, Lyman H. Bennett, III, argued, and Lyman Bennett, Jr., argued, Bozeman, for defendants and appellants.

Landoe, Gary & Planalp, J. Robert Planalp argued, Bozeman, for plaintiffs and respondents.


SHEA, Justice.

Sellers appeal from a judgment entered in the district court, Gallatin County, by the trial judge sitting without a jury, allowing buyers to terminate their amended contract for deed under a contractual right of rescission and ordering sellers to return all money paid on the purchase price.

Sellers sued buyers to terminate their rights under the contract and buyers countersued asking for rescission of the contract. Sellers raise four issues...

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