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MOSCHELLE v. HULSE

No. 79-81.

622 P.2d 155 (1980)

Sherwood MOSCHELLE and Barbara Moschelle, Plaintiffs and Respondents, v. Guy HULSE and Helen Hulse, Defendants and Appellants.

Supreme Court of Montana.

Decided August 27, 1980.

Rehearing Denied September 17, 1980.

Attorney(s) appearing for the Case

R.T. Garrison, Chester Lloyd Jones, Virginia City, Morrow, Sedivy, Olson & Scully, Bozeman, for defendants and appellants.

Goetz & Madden, Bozeman, for plaintiffs and respondents.

SHEA, Justice.

The defendant sellers appeal the judgment of the Madison County District Court which permitted rescission of a contract for purchase of the defendants' bar in Virginia City. The central issue is whether there is substantial evidence to support the trial court's determination that the defendants made misrepresentations of fact which constituted constructive fraud within the meaning of section 28-2-406, MCA, so as to entitle the plaintiffs to rescission...

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