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WAGNER v. CUTLER

No. 87-230.

757 P.2d 779 (1988)

Candace WAGNER, Plaintiff and Respondent, v. Earl CUTLER and the Corporation of the Presiding Bishop of the Church of Jesus Christ of the Latter-Day Saints, a Utah Corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided June 15, 1988.

Attorney(s) appearing for the Case

Michael C. Coil, Bozeman, for defendants and appellants.

Morrow, Sedivy & Bennett, Lyman H. Bennett, III, Bozeman, for plaintiff and respondent.

TURNAGE, Chief Justice.

Defendant, Church of Jesus Christ of the Latter-Day Saints (LDS) appeals the January 20, 1987, bench decision of the Eighteenth Judicial District Court, Gallatin County. The court ordered that LDS pay $15,203.19 to plaintiff Wagner in compensation for defects in a house which LDS sold to Wagner. We affirm.

LDS raises four issues for our review:

1. Did the District Court properly consider the "as is" language and the "independent...

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