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HOFFMAN v. BYRNE

No. 14770.

604 P.2d 328 (1979)

Donald J. HOFFMAN and Donna M. Hoffman, Plaintiffs and Appellants, v. Patrick A. BYRNE and Roberta R. Byrne, Defendants and Respondents.

Supreme Court of Montana.

Decided December 31, 1979.

Attorney(s) appearing for the Case

Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, Hood & Sherwood, Missoula, Richard Volinkaty argued, Missoula, Morales, Volinkaty & Harr, Missoula, for plaintiffs and appellants.

Milodragovich, Dale & Dye, Harold Dye argued, Missoula, for defendants and respondents.

SHEEHY, Justice.

Appeal is by plaintiffs Donald J. Hoffman and Donna Hoffman from a grant of summary judgment against them by the District Court, Fourth Judicial District, Missoula County. They had brought action in that court against defendants Patrick A. Byrne and Roberta R. Byrne for a declaratory judgment that plaintiffs were not in default with respect to a contract to purchase real estate from the defendants. The District Court decided against the Hoffmans as...

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