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PETERS v. NEWKIRK

No. 81-08.

633 P.2d 1210 (1981)

Phyllis J. PETERS, Plaintiff, Cross-Defendant and Appellant, v. Clarence T. NEWKIRK, Defendant, Cross-Plaintiff and Respondent.

Supreme Court of Montana.

Decided September 15, 1981.

Attorney(s) appearing for the Case

Joseph E. Mudd, Bridger, for plaintiff, cross-defendant and appellant.

Thomas L. Bradley, Laurel, for defendant, cross-plaintiff and respondent.

HASWELL, Chief Justice.

Plaintiff appeals from an order granting summary judgment against her, dismissing her complaint and dismissing defendant's cross-complaint.

Plaintiff Phyllis Peters filed an unlawful detainer action against defendant Clarence Newkirk for triple damages. The complaint alleged an agreement by defendant to purchase, breach thereof by defendant, damages, and unlawful detainer by defendant. Defendant filed a general denial for answer and...

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