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EIGEMAN v. MILLER

No. 87-116.

745 P.2d 320 (1987)

Douglas F. EIGEMAN, Plaintiff and Appellant, v. Lloyd J. MILLER and Betty J. Miller, Defendants and Respondents.

Supreme Court of Montana.

Decided October 27, 1987.

Attorney(s) appearing for the Case

Church, Harris, Johnson & Williams, Richard F. Gallagher, Great Falls, for plaintiff and appellant.

Emmons & Coder, H. William Coder, Cotter & Cotter, Patricia O'Brien Cotter, Great Falls, for defendants and respondents.

WEBER, Justice.

Mr. Eigeman brought this action for forfeiture of the Millers' contract right to property they purchased from him on a contract for deed. The District Court for the Eighth Judicial District, Cascade County, dismissed the complaint. Mr. Eigeman appeals. We reverse and remand for trial.

The dispositive issues are:

1. Did the District Court err in failing to find that the Millers must tender the full balance due under the contract in order...

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