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BATTEN v. WATTS CYCLE AND MARINE, INC.

No. 88-297.

783 P.2d 378 (1989)

Earl BATTEN, individually and d/b/a Rimrock Honda-Harley Davidson, Plaintiff and Appellant, v. WATTS CYCLE AND MARINE, INC., and Oakland & Company, Defendants and Respondents.

Supreme Court of Montana.

Decided November 30, 1989.

Attorney(s) appearing for the Case

Timothy J. Whalen, Whalen & Whalen, Billings, for plaintiff and appellant.

T. Thomas Singer, Moulton, Bellingham, Longo & Mather, Billings, James A. Poore, III, Poore, Roth & Robinson, Butte, for defendants and respondents.

WEBER, Justice.

Plaintiff (Batten) purchased a motorcycle dealership from defendants. When the business failed, he sued Watts, the seller, and his real estate agent, Oakland, under theories of fraud, constructive fraud, and negligent misrepresentation, seeking compensatory and punitive damages. The District Court for the Thirteenth Judicial District, Yellowstone County, granted summary judgment in favor of defendants. From this judgment, Batten appeals. We affirm...

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