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BARTMESS v. BOURASSA

No. 81-64.

639 P.2d 1147 (1982)

Robert BARTMESS, Plaintiff and Appellant, v. Rita BOURASSA, Defendant and Respondent.

Supreme Court of Montana.

Decided January 14, 1982.

Rehearing Denied February 11, 1982.

Attorney(s) appearing for the Case

John C. Doubek, Helena, for plaintiff and appellant.

Burns, Dwyer & Chaffin, Dillon, for defendant and respondent.

SHEA, Justice.

On August 22, 1980, the appellant filed a petition in Beaverhead County District Court to fix attorney's fees in regard to a sale of the respondent's real property under the terms of a mortgage and promissory note. The respondent's answer alleged that the mortgage and note were void because they had been obtained by fraud and because no consideration had been given. Prior to the hearing, the District Court granted summary judgment in favor of the respondent...

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