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MITCHELL v. BOYER

No. 89-54.

774 P.2d 384 (1989)

Frank MITCHELL and Evelyn Mitchell, Plaintiffs and Respondents, v. Lyle BOYER and Minnie Boyer, Defendants and Appellants.

Supreme Court of Montana.

Decided June 1, 1989.

Attorney(s) appearing for the Case

Jeffrey H. Langton, Hamilton, for defendants and appellants.

Brian L. Delaney, Mulroney, Delaney & Scott, Missoula, for plaintiffs and respondents.

McDONOUGH, Justice.

This appeal involves an agreement to purchase land located near Corvallis, Montana. Defendants Lyle and Minnie Boyer (Boyers) appeal from the judgment of the District Court of the Fourth Judicial District, Ravalli County, granting recision of the agreement. The Court awarded plaintiffs Frank and Evelyn Mitchell (Mitchells) damages based on the down payment, earnest money and escrow payments made; amounts expended for improvements to the property...

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