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CAREY v. WALLNER

No. 85-439.

725 P.2d 557 (1986)

Michael CAREY and Christine Carey, Plaintiffs and Appellants, v. Orville WALLNER and Grace Wallner, Defendants and Respondents.

Supreme Court of Montana.

Decided September 18, 1986.

Attorney(s) appearing for the Case

Lyman H. Bennett, III (Terry Schaplow moved for temporary admission of Edward L. Kelly for oral argument) Morrow, Sedivy & Bennett, Bozeman, for plaintiffs and appellants.

Michael J. Lilly argued, Scully, Lilly & Andriolo, Bozeman, for defendants and respondents.

HARRISON, Justice.

This is an appeal from the findings of fact, conclusions of law, order and judgment of the District Court in and for the Eighteenth Judicial District, Bozeman, Montana. Following a bench trial, the court found the petitioners were entitled to rescind a contract for deed they had entered into with the defendants and were entitled to certain damages including attorney's fees. Petitioners cross-appeal part of the damage award. We affirm rescission...

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