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HEINE v. SEIBERT

No. 84-395.

703 P.2d 865 (1985)

John O. HEINE and Nancy Heine, Plaintiffs, Counter-Defendants and Appellants, v. James C. SEIBERT, Defendant, Counter-Claimant and Respondent.

Supreme Court of Montana.

Decided August 5, 1985.

Attorney(s) appearing for the Case

Towe, Ball, Enright & Mackey, Billings, for plaintiffs, counter-defendants and appellants.

Peterson, Schofield & Leckie, Billings, for defendant, counter-claimant and respondent.

HUNT, Justice.

John and Nancy Heine appeal a judgment of the Yellowstone County District Court which granted them liquidated damages, but denied them other damages in addition thereto, following the sale of a business to James Seibert, and Seibert's subsequent default in making payments to the Heines. Seibert, as buyer, filed a counterclaim, seeking an order that the Heines, as sellers, be held responsible for the accounts payable of the business, inasmuch as the...

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