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AUSTIN v. CASH

No. 95-186.

906 P.2d 669 (1995)

Richard D. AUSTIN and Virginia P. Austin, husband and wife, Plaintiffs and Respondents, v. Martha Konopacki CASH and John Michael Konopacki, Defendants and Appellants, and Bruce A. Young, Defendant, and Loren "George" Everett and Ross Haffner, d/b/a Western Brokers, Third-Party Defendants.

Supreme Court of Montana.

Decided November 14, 1995.

Rehearing Denied December 14, 1995.

Attorney(s) appearing for the Case

Jeffrey D. Ellingson, Ellingson Law Offices, Kalispell, for Appellant.

Alan J. Lerner, Kalispell, for Austins.

James E. Vidal, Murray & Kaufman, Kalispell, for Young).

Mark L. Stermitz, Warden, Christiansen, Johnson & Berg, Kalispell, for Everett and Haffner.

ERDMANN, Justice.

This is an appeal from the Eleventh Judicial District Court, Flathead County, which found an enforceable real estate contract between the parties, ordered specific performance, and awarded damages and attorney fees. We affirm in part and reverse in part.

We restate the issues on appeal:

1. Did the District Court err in concluding that a valid and enforceable contract existed between the Austins and Cash/Konopacki?

2. Did the...

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