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PEENSTRA v. BEREK

No. 79-9.

614 P.2d 520 (1980)

R.K. PEENSTRA, d/b/a Townhouse Furniture, Plaintiff and Respondent, v. Mike J. BEREK, Defendant and Appellant.

Supreme Court of Montana.

Decided July 23, 1980.

Rehearing Denied August 13, 1980.

Attorney(s) appearing for the Case

Smith, Baillie & Walsh, Great Falls, for defendant and appellant.

Hash, Jellison, O'Brien & Bartlett, Kalispell, for plaintiff and respondent.

SHEA, Justice.

Defendant Mike J. Berek, appeals from an order of the Flathead County District Court denying his motion for a change of venue to Cascade County. The sole issue in this appeal is whether the place of performance in a contract is in Flathead County or Cascade County. We affirm the District Court.

Plaintiff, R.K. Peenstra, d/b/a Town House Furniture (herein furniture store) operates a retail furniture store in Kalispell, Montana. Defendant purchased...

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