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DAUGHERTY CAT. CO. v. GEN. CONS. CO.

No. 92-029.

839 P.2d 562 (1992)

DAUGHERTY CATTLE CO., a partnership consisting of Emerald Daugherty, William Daugherty, John Daugherty, Jr., Emerald Daugherty, William Earl Daugherty, and John Emerald Daugherty, Jr., Plaintiffs and Respondents, v. GENERAL CONSTRUCTION COMPANY, a North Dakota corporation, formerly known as Meyer Construction Co., and doing business in Montana as General Construction Company of North Dakota, Defendant and Appellant.

Supreme Court of Montana.

Decided September 22, 1992.

Attorney(s) appearing for the Case

Stewart R. Kirkpatrick, Murphy & Kirkpatrick, Billings, for defendant and appellant.

Allan Karrell and John Bohyer, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for plaintiffs and respondents.

WEBER Justice.

Defendant, General Construction Company, appeals from the summary judgment ruling of the District Court of the Thirteenth Judicial District, Yellowstone County, in favor of plaintiffs. We affirm.

The issues for our review are:

1. Whether the District Court erred by refusing to consider reasonable rental value of the property subject to a land contract for purposes of computing damages upon foreclosure by the seller.

2. Whether...

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