WALTERS v. GETTER

No. 87-487.

755 P.2d 574 (1988)

Fred WALTERS and Judy Walters, Plaintiffs and Appellants, v. William R. GETTER and Katherine M. Getter, Defendants and Respondents.

Supreme Court of Montana.

Decided June 2, 1988.


Attorney(s) appearing for the Case

Lawrence A. Anderson, Great Falls, Robert J. Yunck, Cut Bank, for plaintiffs and appellants.

Doris M. Poppler, John R. Davidson, Billings, for defendants and respondents.


WEBER, Justice.

This action arose from a real estate transaction. Plaintiffs Walters sought rescission of the contract or in the alternative damages for breach by defendants Getter, the sellers. The Getters counterclaimed for payment of the balance due under the contract. Both parties moved for summary judgment, which motions were denied. The trial court allowed the matter to go before the jury on the issue of whether the Getters performed under the contract within...

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