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FLEMMER v. MING

No. 80-73.

621 P.2d 1038 (1980)

Evelyn M. FLEMMER, Personal Representative of the Estate of Jack Flemmer, Deceased, Plaintiff and Respondent, v. John J. MING, Individually, John J. Ming, Inc., and Income Properties, Inc., Defendant and Appellant.

Supreme Court of Montana.

Decided December 16, 1980.

Rehearing Denied January 22, 1981

Attorney(s) appearing for the Case

Murray, Kaufman, Vidal & Gordon, Kalispell, for defendant and appellant.

Fennessy, Crocker, Harman & Bostock, Libby, for plaintiff and respondent.

SHEA, Justice.

Defendants appeal the judgment of the Lincoln County District Court, entered after a jury verdict for plaintiffs, in the amount of $34,806 in actual and punitive damages and $7,727 in costs and attorney fees with interest to accrue at 10 percent per year until paid. Plaintiffs Evelyn M. Flemmer, individually, and as the personal representative of her late husband, Jack Flemmer, sued the defendants for breach of contract and fraud for the nonpayment...

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