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FOX GRAIN AND CATTLE CO. v. MAXWELL

No. 91-622.

885 P.2d 432 (1994)

FOX GRAIN AND CATTLE CO., Plaintiff and Respondent, v. Frank F. MAXWELL, Defendant and Appellant.

Supreme Court of Montana.

Decided November 21, 1994.

Rehearing Denied December 15, 1994.

Attorney(s) appearing for the Case

Donald A. Ranstrom; Sias & Ranstrom, Chinook, for appellant.

James A. Hubble, John R. Christensen, Christensen & Hubble, Stanford, for respondent.

HARRISON, Justice.

This is an appeal and cross-appeal from a jury verdict in the Tenth Judicial District Court involving the termination of a farm lease. By special verdict the jury found that Frank F. Maxwell (Maxwell), did not materially breach the farm lease which he entered with Fox Grain & Cattle Co. (Fox Grain). The jury, however, found that Maxwell owed Fox Grain $38,779.60 for farming expenses; it then awarded Maxwell $23,013.42, plus 75 percent of the...

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