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EXCHANGE BANK OF OSCEOLA v. JARRETT

No. 14101.

588 P.2d 1006 (1979)

EXCHANGE BANK OF OSCEOLA, Plaintiff and Appellant, v. Spencer JARRETT, d/b/a Jarrett Construction, Defendant and Respondent.

Supreme Court of Montana.

Decided January 10, 1979.

Attorney(s) appearing for the Case

Charles W. Jardine (argued), Miles City, for plaintiff and appellant.

Brown & Huss, George W. Huss (argued), Miles City, for defendant and respondent.

SHEEHY, Justice.

Plaintiff appeals from an order entered by the District Court, Custer County, granting defendant's motion to dismiss for failure to state a claim upon which relief could be granted. We reverse.

The material facts are not in dispute. On September 8, 1976, Daniel F. Holland purchased a Michigan tractor-scraper through the Exchange Bank of Osceola (bank), located in Kissimmee, Florida. The bank retained a security interest in the tractor to insure...

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