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McCARTHY v. TIMBERLAND RESOURCES, INC.

No. 85-57.

712 P.2d 1292 (1985)

Michael J. McCARTHY and Margaret L. Rice, Plaintiffs and Respondents, v. TIMBERLAND RESOURCES, INC., Defendant and Appellant.

Supreme Court of Montana.

Decided December 31, 1985.

Attorney(s) appearing for the Case

Douglas & Bostock, William A. Douglas, Libby, for defendant and appellant.

James A. Manley, St. Ignatius, for plaintiffs and respondents.

HUNT, Justice.

Respondents, McCarthy and Rice, purchasers of land on a contract for deed from appellant Timberland Resources, Inc., unable to record their deed in Sanders County for lack of acceptable description, brought an action against appellant to rescind the contract and for damages and attorneys fees. The District Court of the Fourth Judicial District granted their motion for summary judgment. Defendant Timberland Resources appeals.

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