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SHARP v. HOLTHUSEN

No. 80-102.

616 P.2d 374 (1980)

Ray D. SHARP and Freda Sharp, Plaintiffs and Appellants, v. Earnest D. HOLTHUSEN, Donna M. Holthusen and the First National Bank of Missoula et al., Defendants and Respondents.

Supreme Court of Montana.

Decided September 12, 1980.

Attorney(s) appearing for the Case

Balyeat, Kammerer & Rodli, Missoula, for plaintiffs and appellants.

Tipp, Hoven & Skjelset, Missoula, for defendants and respondents.

HARRISON, Justice.

This is an appeal from a judgment of the District Court, Fourth Judicial District, Missoula County, dismissing plaintiff's claim for forfeiture under a contract for deed.

We shall address two issues on this appeal:

1. May a court of equity relieve a defaulting buyer, in a contract for deed from a forfeiture of his equity, when before suit the buyer tendered full payment under the contract...

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