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SCHILKE v. BEAN

No. 87-433.

755 P.2d 565 (1988)

Kelly W. SCHILKE, Plaintiff and Respondent, v. Raymond P. BEAN, Defendant and aPPELLANT, and John McRAE, Third-Party Defendant/Respondent.

Supreme Court of Montana.

Decided May 24, 1988.

Attorney(s) appearing for the Case

Christopher Daly, Missoula, for defendant and appellant.

Jeffrey H. Langton, Hamilton, William R. Baldassin, Missoula, for plaintiff and respondent.

WEBER, Justice.

This is an action for rescission of a contract for deed of real property. The District Court for the Fourth Judicial District, Ravalli County, allowed Mr. Schilke to rescind the contract. It awarded him damages for sums paid under the contract, for expenses of improving the property, and for attorney fees and costs. Mr. Bean appeals. We affirm.

The issues are:

1. Did the District Court err in failing to grant the seller a directed verdict...

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