TURTAINEN v. POULSEN

No. 89-507.

792 P.2d 1089 (1990)

Robert C. TURTAINEN and Mari G. Turtainen, Plaintiffs and Appellants, v. H. Randolph POULSEN, Defendant and Respondent.

Supreme Court of Montana.

Decided May 22, 1990.


Attorney(s) appearing for the Case

Stephen R. McCue, Harrison Loendorf & Poston, Helena, for plaintiffs and appellants.

Dale E. Reagor, Luxan & Murfitt, Helena, for defendant and respondent.


HARRISON, Justice.

This case is an appeal from a grant of summary judgment by the First Judicial District Court, Lewis and Clark County, Montana, in a real estate contract dispute. We affirm.

Appellants raise two issues for review:

1. Did the District Court err in finding appellants' claims barred by the doctrine of res judicata and the compulsory counterclaim rule?

2. Were appellants not required to assert their counterclaims for fraud and...

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