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MARVIN v. HARGRAVE

No. 79-83.

618 P.2d 339 (1980)

Newton MARVIN, Plaintiff and Respondent, v. C. Leo HARGRAVE, Defendant and Appellant.

Supreme Court of Montana.

Decided October 22, 1980.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, Kalispell, Daniel Johns argued, Kalispell, for defendant and appellant.

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

DALY, Justice.

This is an appeal from a judgment entered by the Honorable Robert C. Sykes, Flathead County District Court, following a nonjury trial, awarding plaintiff Newton Marvin the sum of $3,736.24 pursuant to a land clearance contract.

Defendant C. Leo Hargrave and his wife entered into a written land clearing agreement with Bruce Kiser on August 16, 1974, for the purpose of converting approximately 100 acres of timberland into additional farmland....

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