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MANAGEMENT, INC. v. MASTERSONS, INC.

No. 80-62.

616 P.2d 356 (1980)

MANAGEMENT, INC., Plaintiff and Appellant, v. MASTERSONS, INC., and GIB Mastersons, Jr., Rutherfords Amusement, Inc., and Fred Rutherford, R & R Leasing, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided September 8, 1980.

Attorney(s) appearing for the Case

Landoe, Brown, Planalp, Kommers & Lineberger, Bozeman, for plaintiff and appellant.

Drysdale, McLean, Screnar & Cok, Bozeman, for defendants and respondents.

HARRISON, Justice.

This is an appeal from the judgment of the District Court of the Eighteenth Judicial District, Gallatin County, which found plaintiff breached a contract, committed fraud and damaged property.

We shall consider three issues on this appeal:

1. Whether the District Court erred in finding that the September 21, 1978, buy-sell agreement was a novation of the May 12, 1978, agreement.

2. Whether the District Court erred in finding...

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