VAN ETTINGER v. PAPPIN

No. 14253.

588 P.2d 988 (1978)

Robert C. VAN ETTINGER et al., Plaintiffs and Appellants, v. Robert F. PAPPIN et al., Defendants and Respondents.

Supreme Court of Montana.

Decided December 18, 1978.


Attorney(s) appearing for the Case

Richter & Lerner, Alan J. Lerner (argued), Billings, Hartelius & Lewin, Great Falls, for plaintiffs and appellants.

Swanberg, Koby, Swanberg & Matteucci, John L. Alke (argued), Great Falls, for defendants and respondents.


DALY, Justice.

This is an appeal by the plaintiffs from summary judgment entered in behalf of the defendants by the District Court of the Eighth Judicial District, County of Cascade, the Honorable Joel G. Roth sitting without a jury.

On December 3, 1975, the Van Ettingers, appellants, filed this action for damages arising out of a contract for the sale of real estate under which they purportedly purchased an easement for the use of a swimming pool. The complaint...

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