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MAXTED v. BARRETT

No. 81-469.

643 P.2d 1161 (1982)

Roy MAXTED, Plaintiff and Respondent, v. Kenneth P. BARRETT and Vola J. Barrett, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided April 26, 1982.

Attorney(s) appearing for the Case

Small, Hatch & Doubek, Richard J. Pyfer argued, Helena, for defendants and appellants.

Hooks & Budewitz, Patrick F. Hooks argued, Townsend, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendants appeal the trial court decision ordering them to specifically perform their agreement with the plaintiff wherein plaintiff was to purchase defendants' mortgagee's interest in the Denver Block Apartments property in Helena. We affirm.

On March 23, 1979, defendants sold the "Denver Block Apartments" (125 Broadway, Helena) to Benjamin and Annie Brown. Browns assumed a first mortgage held by the Helena American Federal Savings...

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