STEVENS v. ABBOT

No. 85-362.

712 P.2d 1347 (1986)

George L. STEVENS and Gertrude L. Stevens, Plaintiffs and Respondents, v. Michael G. ABBOT, d/b/a Michael's Italian Restaurant, and James McQuade, Defendants and Appellants.

Supreme Court of Montana.

Decided January 28, 1986.


Attorney(s) appearing for the Case

H.L. McChesney, Missoula, for defendants and appellants.

William Baldassin, Missoula, for plaintiffs and respondents.


WEBER, Justice.

The defendants appeal from an order of the Missoula County District Court which, as a discovery sanction, granted default judgment for plaintiffs on the issue of liability. We hold that an order which grants a default judgment on the issue of liability, reserving determination of the amount of damages, is not appealable.

In 1981, the plaintiffs and Mr. Abbott, one of the defendants, entered an agreement whereby Mr. Abbott would purchase plaintiffs...

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