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MALONEY v. HEER

No. 92-380.

850 P.2d 957 (1993)

William B. MALONEY and Margaret N. Maloney, Plaintiffs and Appellants, v. William HEER and Joyce I. Heer, Respondents and Appellants.

Supreme Court of Montana.

Decided April 8, 1993.

Attorney(s) appearing for the Case

Larry Jent, Williams, Jent & Dockins, Bozeman.

Joseph T. Swindlehurst, Huppert & Swindlehurst, Livingston.

WEBER, Justice.

Plaintiffs William B. Maloney and Margaret N. Maloney (Maloneys) appeal the decision of the District Court of the Sixth Judicial District, Park County, in their action for breach of a real estate contract which awarded damages to the Maloneys for their costs of a survey of the property but denied other damages and attorney's fees. Defendants William and Joyce I. Heer (Heers) cross-appealed, claiming there was no breach, that the Maloneys were precluded...

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