MENDS v. DYKSTRA

No. 81-139.

637 P.2d 502 (1981)

Nigel MENDS and Catherine J. Mends, Plaintiffs and Appellants, v. Wayne R. DYKSTRA, Patricia R. Dykstra, and Jerry R. Gossel, Defendants and Respondents.

Supreme Court of Montana.

Decided November 25, 1981.

Rehearing Denied December 18, 1981.


Attorney(s) appearing for the Case

Berg, Coil, Stokes & Tollefsen, Bozeman, for plaintiffs and appellants.

Zion Law Firm, Helena, for defendants and respondents.


WEBER, Justice.

Plaintiffs sued for rescission of a contract to purchase defendants' dwelling, or in the alternative, for damages because of defects in the dwelling. A judgment was entered for the defendants in accordance with the jury verdict in the Eighteenth Judicial District Court, Gallatin County. We reverse the District Court, holding that it erred in refusing plaintiffs' instructions on constructive fraud, and in giving...

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