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WHITNEY v. BAILS

No. 13355.

560 P.2d 1344 (1977)

Russell C. WHITNEY, Jr., d/b/a Double 4 Cattle Company, and Julia S. Whitney, his wife, Plaintiffs and Appellants, v. Richard J. BAILS and Patricia J. Bails, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Submitted January 10, 1977.

Attorney(s) appearing for the Case

Corette, Smith & Dean, Butte, Dolphy, Pohlman, argued, Butte, for plaintiffs and appellants.

Berg, Angel, Andriolo & Morgan, Bozeman, Ben E. Berg, argued, Bozeman, Hibbs, Sweeney & Colberg, Billings, for defendants and respondents.

HARRISON, Justice.

In an action for declaratory judgment the district court, Gallatin County, found plaintiff Whitney entitled to cancellation of two contracts for deed.

The action involved the successive sale of a ranch by contract for deed, with each succeeding contract assuming the prior contracts. Pete Tocci & Son Inc. was the original owner for the purposes of these contracts. In 1969, Tocci sold the ranch to McGregor for $500,000. In March 1971 McGregor...

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