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SCHMIDT v. COLONIAL TERRACE ASSOCIATES

No. 81-396.

656 P.2d 807 (1982)

F.W. SCHMIDT, et al., Plaintiff and Appellant, v. COLONIAL TERRACE ASSOCIATES, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided December 29, 1982.

Rehearing Denied January 21, 1983.

Attorney(s) appearing for the Case

James A. Cumming argued, Columbia Falls, for plaintiff and appellant.

Worden, Thane & Haines, Missoula, Ronald Bender argued, Missoula, for defendants and respondents.

SHEA, Justice.

F.W. Schmidt, et al. (Schmidt) brought this suit in Lewis and Clark County District Court seeking a forfeiture of property by defendants, Colonial Terrace Associates et al. (Colonial Terrace) for breach of contract. Colonial Terrace filed a general denial and counterclaimed for breach of contract, negligence, fraud, and unjust enrichment. The jury returned a verdict in favor of Colonial Terrace and against Schmidt and awarded $128,278 damages to Colonial...

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