QUINN v. BRIGGS

No. 13354.

565 P.2d 297 (1977)

Mike T. QUINN, Plaintiff and Respondent, v. George Harold BRIGGS et al., Defendants and Appellants.

Supreme Court of Montana.

Decided May 11, 1977.


Attorney(s) appearing for the Case

Kline & Niklas, Helena, John R. Kline (argued), Helena, Schulz, Davis & Warren, Dillon, Carl M. Davis (argued), Dillon, for defendants and appellants.

C. W. Leaphart (argued), Helena, W. William Leaphart, Helena, John H. Jardine (argued), Whitehall, for plaintiff and respondent.


DALY, Justice.

Plaintiff brought this action in the district court, Beaverhead County, in equity to rescind a contract, to recover $100,000.00 in payments and to cancel a promissory note for $150,000.00. Defendants counterclaimed seeking enforcement of the $150,000.00 promissory note and attorney fees for defense of the contract. The district court ordered rescission of the contract, restitution of the $100,000.00 in payments, cancellation of the promissory note and...

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