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FALLON COUNTY v. BRINDLEY

No. 83-24.

687 P.2d 722 (1984)

FALLON COUNTY, a political subdivision of Montana, Plaintiff and Respondent, v. Hugh BRINDLEY, Defendant and Appellant.

Supreme Court of Montana.

Decided September 6, 1984.

Attorney(s) appearing for the Case

Robert L. Johnson, Lewistown, for defendant and appellant.

Denzil R. Young, Baker, for plaintiff and respondent.

WEBER, Justice.

This is an appeal from a judgment of the District Court of the Sixteenth Judicial District of Fallon County, awarding $500 per month rental from November 17, 1979 until the County's scraper is returned. We vacate the judgment and remand the cause for further proceedings.

The issues presented on appeal are:

1. Did lessee's obligation to pay rent terminate when the scraper was rendered useless?

2. Did lessee's attempt to return...

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