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BUNKE, INC. v. JOHNSON

No. 82-459.

666 P.2d 1234 (1983)

BUNKE, INC., a Montana corporation, Plaintiff and Appellant, v. Bob JOHNSON and Harlan Carpenter, d/b/a the Jocar Partnership, Defendants and Respondents.

Supreme Court of Montana.

Decided July 18, 1983.

Attorney(s) appearing for the Case

James R. Carlson, Hysham, for plaintiff and appellant.

Ralph L. Herriott, Billings, for defendants and respondents.

WEBER, Justice.

Plaintiff Bunke, Inc. (Bunke) appeals from a decision of the Thirteenth Judicial District Court, Yellowstone County, in this declaratory judgment action arising out of the lease of The Rails Inn Motel in Forsyth, Montana. We affirm the District Court.

Bunke raises the following issues on appeal:

1. Does section 70-26-203, MCA, justify the tenant, Bunke, vacating the premises and discharge it from further payment of rent and other obligations...

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