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McPARTLIN v. FRANSEN

No. 13980.

582 P.2d 1255 (1978)

John Jeffrey McPARTLIN and Gregory McPartlin, Plaintiffs and Respondents, v. David Randle FRANSEN et al., Defendants, Third-Party Complainants and Appellants, v. Harry VOSE, Third-Party Defendant.

Supreme Court of Montana.

Decided August 16, 1978.

Rehearing Denied September 7, 1978.

Attorney(s) appearing for the Case

Graybill, Ostrem, Warner & Crotty, Great Falls, Leo Graybill, Jr., argued, Great Falls, for defendants, third-party complainants and appellants.

Daniels & Mizner, Deer Lodge (Ted L. Mizner, Deer Lodge, argued), for plaintiffs and respondents.

SHEA, Justice.

Defendants appeal from an order of the Deer Lodge County District Court denying relief from a default judgment and denying their motion for a new trial.

On or about August 14, 1976, plaintiffs, as lessees and defendants as lessor, executed an agreement entitled Lease and Sales Right Agreement. This agreement gave the plaintiffs immediate possession of KDRG Radio Station, located in Deer Lodge, Montana. The other lease provisions are unimportant...

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