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PAYNE REALTY v. FIRST SEC. BANK

No. 92-067.

844 P.2d 90 (1992)

PAYNE REALTY AND HOUSING, INC., Plaintiff, v. FIRST SECURITY BANK OF LIVINGSTON, a Montana corporation, Defendant and Appellant, and Harry Joe Brown, Jr., Defendant, Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided December 17, 1992.

Rehearing Denied January 14, 1993.

Attorney(s) appearing for the Case

Sidney R. Thomas, Moulton, Bellingham, Longo & Mather, Billings, for appellant.

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

TRIEWEILER, Justice.

This appeal involves a dispute between First Security Bank of Livingston and Harry Joe Brown over an earnest money deposit. Each party contends it is entitled to the $50,000 that Brown deposited with a realtor to secure the purchase of a ranch sold by the bank. First Security Bank of Livingston appeals from summary judgment entered in the Sixth Judicial District Court, Park County, Montana, in favor of Respondent, Harry Joe Brown.

Appellant...

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