D'AGOSTINO v. SCHAAP

No. 87-398.

748 P.2d 466 (1988)

John J. D'AGOSTINO and Joann M. D'Agostino, husband and wife, Third-Party Plaintiffs and Appellants, v. Robert L. SCHAAP and Vivian J. Schaap, husband and wife, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided January 7, 1988.

Rehearing Denied February 4, 1988.


Attorney(s) appearing for the Case

Morrow, Sedivy & Bennett, Edmund P. Sedivy, Jr., Bozeman, for third-party plaintiffs and appellants.

Moore, Rice, O'Connell & Refling, Perry J. Moore, Bozeman, for third-party defendants and respondents.


WEBER, Justice.

This is a claim for breach of a contract for sale of real property. The District Court for the Eighteenth Judicial District, Gallatin County, denied the motion of the D'Agostinos for summary judgment and granted summary judgment to the Schaaps. We affirm in part and reverse in part.

The issue is whether the trial court erred in failing to grant the D'Agostinos' motion for summary judgment and in granting the Schaaps' motion for summary judgment...

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