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BURGESS v. SHIPLET

No. 87-443.

750 P.2d 460 (1988)

Ronald L. BURGESS, John L. Lake, Jr., and Nick Mallas, Plaintiffs and Appellants, v. Robert SHIPLET, Jacqueline Shiplet, Tami Shiplet and First Bank of Livingston, or any other person known or unknown, claiming any Interest in the property described herein, Defendants and Respondents.

Supreme Court of Montana.

Decided February 18, 1988.

Attorney(s) appearing for the Case

Knuchel & McGregor, Karl Knuchel, Livingston, for plaintiffs and appellants.

Moore, Rice, O'Connell & Refling, Perry J. Moore, Bozeman, Huppert & Swindlehurst, Arnold Huppert, Jr., Livingston, for defendants and respondents.

HUNT, Justice.

This contract dispute is appealed to this Court from the Sixth Judicial District, Park County. Ronald Burgess, John Lake and Nick Mallas appeal the judgment of the District Court which treated respondents' purchase of land from appellants, under a contract for deed, as a mortgage. The appellants also allege error by the court in failing to award them reasonable attorney fees and damages.

We reverse and remand to the District Court.

The...

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