NIMMICK v. HART

Nos. 90-420, 90-204.

808 P.2d 481 (1991)

Fred G. NIMMICK and Ann G. Nimmick, Plaintiffs and Respondents, v. Dale P. HART, Defendant and Appellant. Dale P. HART, Plaintiff and Appellant, v. Allen E. ERICKSON, Melba E. Erickson, Fred G. Nimmick, Ann M. Nimmick, Robert E. Wright, Donna Mae Wright, Charles R. Taylor, and Sam Martin, Defendants and Respondents.

Supreme Court of Montana.

Decided March 21, 1991.

Rehearing Denied April 11, 1991.


Attorney(s) appearing for the Case

Thomas W. Trigg, Terry A. Wallace, Missoula, for defendant and appellant.

Dirk A. Williams, Snavely & Phillips, Missoula, Richard A. Weber, Jr., Koch, McKenna, Goheen, Boggs & Weber, Hamilton, for plaintiffs and respondents.


TRIEWEILER, Justice.

In this consolidated action Dale P. Hart appeals from the Fourth Judicial District Court orders granting summary judgment in favor of Charles R. Taylor in cause no. 66726, and Fred G. Nimmick and Ann M. Nimmick in cause no. 66726 and cause no. 71128. We affirm in part and reverse and remand in part.

The parties raise several issues which we restate as follows:

As to Taylor:

I. Whether the District Court erred in...

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