BURKLAND v. ELECTRONIC REALTY ASSOCIATES

No. 86-562.

740 P.2d 1142 (1987)

Robert H. BURKLAND and Betty M. Burkland, Plaintiffs and Appellants, v. ELECTRONIC REALTY ASSOCIATES, INC., Defendants and Respondents.

Supreme Court of Montana.

Decided August 17, 1987.


Attorney(s) appearing for the Case

Nye & Meyer, Joan Meyer Nye (argued), Billings, for plaintiffs and appellants.

Crowley Law Firm, William O. Bronson (argued), Billings, for defendants and respondents.


McDONOUGH, Justice.

Plaintiffs Robert and Betty Burkland appeal the August 28, 1986, order of the Thirteenth Judicial District Court, County of Yellowstone, granting summary judgment in favor of defendant Electronic Realty Associates, Inc. We reverse.

The basic issue in this case is whether the local franchisee, ERA Hannah, may be considered an ostensible agent of the franchisor, Electronic Realty Associates, Inc. (ERA, Inc.) Plaintiffs Robert and Betty Burkland...

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