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COOK v. HARRINGTON

No. 82-460.

661 P.2d 1287 (1983)

Gene COOK and Fred Bell, d/b/a Cook-Bell Real Estate, Plaintiffs and Respondents, v. Edward J. HARRINGTON and MARCELLE D. Harrington, Defendants and Appellants.

Supreme Court of Montana.

Decided April 21, 1983.

Attorney(s) appearing for the Case

Gregory O. Morgan, Bozeman, for defendants and appellants.

Kirwan & Barrett, Stephen M. Barrett, Bozeman, for plaintiffs and respondents.

SHEA, Justice.

The defendants, Edward J. and Marcelle D. Harrington, the prevailing parties in trial court, appeal an order of the Gallatin County District Court denying their post-summary judgment motion for attorney fees based on a real estate buy-sell agreement which provided that the prevailing party in an action commenced on the contract would be entitled to recover attorney fees. The trial court erroneously applied the bill of costs statute (section 25-10-501...

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