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MISKE v. STIRLING

No. 81-449.

647 P.2d 841 (1982)

Felix MISKE and Florence Miske, husband and wife of Wibaux, Montana, Plaintiff and Appellant, v. Robert L. STIRLING, Dome Petroleum Corporation, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided July 6, 1982.

Attorney(s) appearing for the Case

Gene Huntley argued, Baker, R.W. Heineman, Wibaux, for plaintiff and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Sherry J. Matteucci argued, Billings, for defendants and respondents.

WEBER, Justice.

Plaintiffs Felix and Florence Miske (Miskes) brought this action in the Seventh Judicial District Court, Wibaux County, for cancellation of an oil and gas lease because of late payment of a bonus rental consideration by Dome Oil to the Miskes. The District Court in a summary judgment found the payment to have been timely. We affirm.

Miskes appeal and raise the following issues:

(1) Did the District Court err in finding the bonus rental...

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