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STATE BANK OF TOWNSEND v. MARYANN'S, INC.

No. 82-79.

664 P.2d 295 (1983)

STATE BANK OF TOWNSEND, A Montana Corporation, Plaintiff and Appellant, v. MARYANN'S, INC., A Montana Corporation, and Arlo B. Weston and Vernetta Weston, husband and wife, Defendants and Respondents.

Supreme Court of Montana.

Decided May 10, 1983.

Attorney(s) appearing for the Case

Hooks & Budewitz, Thomas A. Budewitz argued, Townsend, Moore, Rice, O'Connell & Refling, Bozeman, for plaintiff and appellant.

Small, Hatch & Doubek, Floyd O. Small argued, Helena, for defendants and respondents.

WEBER, Justice.

State Bank of Townsend (Bank) brought this action on a promissory note executed by defendants Maryanns, Inc. and Arlo B. Weston (herein referred to as Maryanns) in the District Court of the Eighteenth Judicial District for Gallatin County. Maryanns counterclaimed, seeking damages alleged to have been caused by the fraudulent misrepresentation of the Bank and the breach of an agreement to loan money. Following...

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