AETNA FINANCE CO. v. BALL

No. 88-551.

774 P.2d 992 (1989)

AETNA FINANCE COMPANY, a corporation, Plaintiff and Appellant, v. Court E. BALL and Towe, Ball, Enright & Mackey, a partnership, Defendants and Respondents.

Supreme Court of Montana.

Decided June 15, 1989.


Attorney(s) appearing for the Case

Robert J. Phillips, Snavely & Phillips, Missoula, for plaintiff and appellant.

Richard E. Gillespie, Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, for defendants and respondents.


GULBRANDSON, Justice.

Aetna Finance Company (Aetna) appeals the final judgment entered September 9, 1988, by the Thirteenth Judicial District Court in favor of the defendants. The court held that Aetna's attorney, defendant Court Ball, fulfilled his duty to advise Aetna as to whether a proposed borrower had a mortgageable interest in certain real property, such that Aetna could obtain a secured interest in the property, and whether the mortgagee title insurance would...

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