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MARCUS DALY MEMORIAL HOSPITAL v. BORKOSKI

No. 80-124.

624 P.2d 997 (1981)

MARCUS DALY MEMORIAL HOSPITAL CORPORATION, a Montana Corporation, Plaintiff and Respondent, v. Jerome F. BORKOSKI et al., Defendants and appellants.

Supreme Court of Montana.

Decided March 4, 1981.

Attorney(s) appearing for the Case

Milodragovich, Dale & Dye, Harold V. Dye argued, Garlington, Lohn & Robinson, Datsopoulos, MacDonald & Lind, Missoula, Curtis C. Cook, Hamilton, Terry A. Wallace, Jon E. Ellingson, Missoula, for defendants and appellants.

Johnson & Johnson, Lawrence D. Johnson argued, Hamilton, Boone, Karlberg & Haddon, Sam Haddon argued, Missoula, for plaintiff and respondent.

SHEA, Justice.

Defendant, Jerome F. Borkoski, the purchaser of the Marcus Daly Memorial Hospital in Hamilton, appeals from the order of the Ravalli County District Court granting summary judgment to the defendant seller, Marcus Daly Memorial Hospital, Inc. The order declared that the buyer had forfeited his right to any interest in the hospital building.

Borkoski, as buyer, raises three issues on appeal. He first claims that the seller elected the remedy of...

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