CADY v. BURTON

No. 92-200.

851 P.2d 1047 (1993)

Shawn CADY, Plaintiff, Counter-Defendant and Respondent, v. William D. BURTON and Debra A. Burton, Defendants, Counter-Claimants and Appellants.

Supreme Court of Montana.

Decided April 13, 1993.

Rehearing Denied May 6, 1993.


Attorney(s) appearing for the Case

Alan J. Lerner, Kalispell, for defendants, counter-claimants and appellants.

Robert B. Allison, Kalispell, for plaintiff, counter-defendant and respondent:


GRAY, Justice.

William and Debra Burton appeal from the findings of fact, conclusions of law, and judgment entered by the Eleventh Judicial District Court, Flathead County, rescinding two contracts for the sale and purchase of real property. We affirm in part and reverse in part.

We restate the issues on appeal as follows:

1. Did the District Court err in concluding that the contracts prohibited the Burtons from spending the earnest money?

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