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DOWNS v. SMYK

No. 81-452.

651 P.2d 1238 (1982)

Robert F. DOWNS, Plaintiff and Respondent, v. Bernard SMYK, a/k/a Bernard L. Smyk, and Lois A. Smyk, Defendants and Appellants.

Supreme Court of Montana.

Decided September 23, 1982.

Rehearing Denied October 26, 1982.

Attorney(s) appearing for the Case

Gregory Jackson, Douglas B. Kelley, Helena, for defendants and appellants.

Bernard Smyk, Pro Se.

Calton & Hamman, Billings, for plaintiff and respondent.

WEBER, Justice.

Defendant Smyk appeals from summary judgment in the Thirteenth Judicial District Court, Yellowstone County, in this action arising out of a written agreement between the parties. The agreement (June 1976 agreement) provided that Downs would advance money for the downpayment in the purchase of certain real property in Billings. This action arose when Downs and Smyk were unable to agree about the meaning and implementation of the terms of the June 1976...

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