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PAYNE REALTY & HOUSING v. FIRST SEC. BK.

No. 90-451.

807 P.2d 177 (1991)

PAYNE REALTY AND HOUSING, INC., Plaintiff, v. FIRST SECURITY BANK OF LIVINGSTON, A Montana Corporation, Defendant and Respondent, and Harry Joe Brown, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided March 4, 1991.

Attorney(s) appearing for the Case

Carl A. Hatch, Small, Hatch, Doubek & Pyfer, Helena, for appellant.

John T. Jones, Moulton, Bellingham, Longo & Mather, Billings, for respondent.

MCDONOUGH, Justice.

This is an appeal from the Montana Sixth Judicial District Court, Park County involving a real estate transaction. Harry Joe Brown (Buyer) appeals the order of the District Court granting summary judgment to First Security Bank of Livingston (Bank) and ordering that the Buyer forfeit $50,000.00 in earnest money deposited with Payne Realty (Realtor) on the grounds that the Buyer breached a buy-sell agreement. We reverse and remand for further proceedings...

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