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SMITH v. JOHNSON

No. 89-622.

798 P.2d 106 (1990)

Alex E. SMITH and Trudy L. Smith, husband and wife, Plaintiffs and Respondents and Cross-Appellants, v. Robert L. JOHNSON and Anita a. Johnson, husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided September 6, 1990.

Rehearing Denied October 11, 1990.

Attorney(s) appearing for the Case

James L. Stogsdill, Lewistown, for defendants and appellants.

Thomas P. Meissner, Esq., Lewistown, for plaintiffs and respondents and cross-appellants.

BARZ, Justice.

The plaintiffs, Alex and Trudy Smith, initiated this action with a complaint for specific performance of a buy/sell agreement. The Smiths sought to compel defendants, Robert and Anita Johnson, to enter into a contract for deed in accordance with the terms of the buy/sell agreement. The District Court for the Tenth Judicial District, Fergus County, granted the Smiths' motion for partial summary judgment on the issue of specific performance of the buy...

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