FIRST TRUST CO. OF MONTANA v. McKENNA

No. 14931.

614 P.2d 1027 (1980)

FIRST TRUST COMPANY OF MONTANA, Personal Representative of the Estate of Jack W. Sisson, Decedent, Plaintiff and Appellant, v. Lyle McKENNA, Defendant and Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided June 17, 1980.

Rehearing Denied August 27, 1980.


Attorney(s) appearing for the Case

Swanberg, Koby, Swanberg & Matteucci, Randall Swanberg, argued, Great Falls, for plaintiff and appellant.

Robert J. Emmons, argued, Great Falls, Leonard McKinney, Lewistown, for defendant and respondent and cross-appellant.


HASWELL, Chief Justice.

In an action by the sellers of a farm to recover a real estate commission and treble damages, the District Court granted summary judgment in favor of the real estate broker and dismissed the broker's counterclaim for malicious prosecution. Both parties appeal from the respective judgments against them.

In 1970 Jack Sisson and his brother Mark owned a ranch in Judith Basin County, Montana. The ranch consisted of about 8,400 acres of...

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