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VAN ATTA v. SCHILLINGER

No. 14930.

625 P.2d 73 (1981)

Leola VAN ATTA, Plaintiff and Respondent, v. Clair SCHILLINGER, Defendant and Appellant.

Supreme Court of Montana.

Decided March 20, 1981.

Attorney(s) appearing for the Case

McDonough, Cox & Simonton, Dale Cox argued, Glendive, Habedank, Cumming & Best, Otto Habedank, Sidney, argued, for defendant and appellant.

Baxter Larson, Wolf Point, argued, for plaintiff and respondent.

SHEA, Justice.

Defendant Clair Schillinger appeals from a judgment of the McCone County District Court granting specific performance of an option agreement to plaintiff Leola Van Atta, and ordering the defendant to convey the property involved to the plaintiff.

Defendant raises several issues. He first contends that the writing involved was not an option agreement because it failed to meet the essential requirements for the validity of a contract. In particular...

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