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MACK FINANCIAL CORP. v. TEZAK

No. 91-040.

834 P.2d 396 (1992)

MACK FINANCIAL CORPORATION, Plaintiff and Respondent, v. Joseph A. TEZAK and Marjean Tezak, d/b/a Tezak Concrete and Construction, Defendants and Appellants.

Supreme Court of Montana.

Decided June 29, 1992.

Rehearing Denied July 30, 1992.

Attorney(s) appearing for the Case

Mark David Hoffman, Jones & Hoffman, Virginia City, for defendants and appellants.

Terry J. MacDonald and Paul C. Meismer, Garlington, Lohn & Robinson, Missoula, for Plaintiff and Respondent.

McDONOUGH, Justice.

This is an appeal from a jury trial and judgment of the Fifth Judicial District, Madison County. Mack Financial Corporation (Mack) filed a complaint against Joseph and Marjean Tezak and their construction company (hereinafter Tezak) for repossession, sale and a deficiency judgment on cement trucks Tezak was purchasing under a retail installment contract. Tezak counterclaimed that Mack fraudulently induced surrender of the trucks and then disposed...

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