ROSENQUIST v. HARDING

No. 14070.

587 P.2d 416 (1978)

Frances ROSENQUIST, Plaintiff and Respondent, v. Herschel G. HARDING and Beatrice L. Harding, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided December 7, 1978.


Attorney(s) appearing for the Case

Robert S. Keller, Murray, Donahue and Kaufman, Kalispell, for defendants and appellants.

Evans & German, Fennessey, Crocker & Harman, Libby, for plaintiff and respondent.


SHEA, Justice.

Defendants appeal from judgment of the Lincoln County District Court, sitting without a jury, by which they were awarded only one-fourth of the balance due under a four-year contract with the plaintiff for the extraction, processing and marketing of peat moss from defendants' property.

The sole issue on appeal is whether there was sufficient evidence to support the court's finding that plaintiff's performance under the contract was prevented...

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