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ROMAIN v. EARL SCHWARTZ CO.

No. 88-567.

779 P.2d 54 (1989)

John D. ROMAIN, Defendant and Appellant, v. EARL SCHWARTZ COMPANY, A Partnership, composed of Earl Schwartz, Gladys Schwartz, Kay Schwartz York, Ray L. York, Kathy Schwartz Mau, Robert Mau and Karla Lea Schwartz, Ppartners Defendant and Respondent.

Supreme Court of Montana.

Decided August 25, 1989.

Rehearing Denied September 21, 1989.

Attorney(s) appearing for the Case

Robert J. Emmons and Joseph Sullivan, Emmons & Coder, Great Falls, for defendant and appellant.

Stuart C. MacKenzie, Burns, Solem & MacKenzie, Chinook, for defendant and respondent.

McDONOUGH, Justice.

This is an appeal from an action begun to foreclose a mortgage on agricultural real property. Defendant John D. Romain (Romain) appeals from the judgment of the District Court of the Twelfth Judicial District, Hill County, finding adverse to his cross-claim asserted against Earl Schwartz Company, a partnership (partnership). We affirm in part and reverse in part.

Although Romain presents several...

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