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JAPPE v. CO-OP SUPPLY, INC.

No. 14510.

600 P.2d 184 (1979)

William B. JAPPE and Margaret L. Jappe, Plaintiffs and Respondents, v. CO-OP SUPPLY, INC., a Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided September 6, 1979.

Rehearing Denied October 11, 1979.

Attorney(s) appearing for the Case

Corette, Smith & Dean, Butte, R.D. Corette, Butte, argued, Schulz, Davis and Warren, Dillon, Carl Davis, Dillon, argued, for defendant and appellant.

Poore, McKenzie, Roth, Robischon & Robinson, Butte, Robert A. Poore and David J. Wing argued, Butte, for plaintiffs and respondents.

SHEA, Justice.

Plaintiffs William and Margaret Jappe sought specific performance of a 1976 contract providing for payment of commissions and an option to purchase a self-service, gas-convenience store. Co-op Supply, the defendant, has appealed a judgment for the plaintiffs entered by the Beaverhead County District Court.

This appeal raises the following issues:

(1) whether the plaintiffs refused to perform their management duties called for by the...

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