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SOUTH GALLATIN LAND CORP. v. YETTER

No. 90-160.

801 P.2d 575 (1990)

SOUTH GALLATIN LAND CORPORATION, a Montana Corporation, Plaintiff and Respondent, v. Gerald P. YETTER, Defendant and Appellant.

Supreme Court of Montana.

Decided November 15, 1990.

Rehearing Denied December 13, 1990.

Attorney(s) appearing for the Case

Allen L. McAlear, Bozeman, for defendant and appellant.

J. Robert Planalp, Landoe, Brown, Planalp & Kommers, Bozeman, for plaintiff and respondent.

HARRISON, Justice.

In 1984 South Gallatin Land Corporation petitioned the Eighteenth Judicial District Court, Gallatin County, for a declaratory judgment to close a real estate contract transaction. The court bifurcated the counterclaims of defendant, Gerald P. Yetter, from the declaratory judgment action. The parties stipulated to a compromise, reviewed by the court, which entered judgment January 6, 1986, in favor of South Gallatin. Yetter appealed a subsequent...

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