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PONDEROSA PINES RANCH, INC. v. McBRIDE

No. 81-297.

642 P.2d 1050 (1982)

PONDEROSA PINES RANCH, INC., a Mont. corp., Plaintiff and Appellant, v. Stanley W. McBRIDE, Defendant and Respondent.

Supreme Court of Montana.

Decided March 25, 1982.

Attorney(s) appearing for the Case

Landoe, Brown, Planalp, Kommers & Lineberger, Bozeman, for plaintiff and appellant.

Bennett & Bennett, Bozeman, for defendant and respondent.

SHEEHY, Justice.

Ponderosa Pines Ranch, Inc. appeals from a judgment in the Eighteenth Judicial District, Gallatin County, dismissing its complaint seeking cancellation of a land sale contract with Stanley McBride.

On July 24, 1978, the parties entered into a sales contract under which McBride was to purchase a tract of land from Ponderosa. The contract provided:

"Time is of the essence of this contract. In the event the buyer shall fail to pay any...

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