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TRANSCONTINENTAL REFRIGERATION CO. v. FIGGINS

No. 13962.

585 P.2d 1301 (1978)

TRANSCONTINENTAL REFRIGERATION COMPANY, Plaintiff and Appellant, v. Everett FIGGINS d/b/a Big Sky Market, Defendant and Respondent.

Supreme Court of Montana.

Decided November 1, 1978.

Attorney(s) appearing for the Case

Heath & Kirwan, Peter M. Kirwan (argued), Bozeman, for plaintiff and appellant.

Allen L. McAlear (argued), Bozeman, for defendant and respondent.

HASWELL, Chief Justice.

Plaintiff Transcontinental Refrigerator Company appeals from a judgment rendered by the District Court, Gallatin County, sitting without a jury, denying its prayer for total accelerated rent allegedly due for breach of a lease agreement, and finding in favor of defendant Figgins on his counterclaim for rescission and damages.

Everett Figgins owns and operates the Big Sky Market in Manhattan, Montana. The Big Sky Market stocks grocery...

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