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GARRISON v. AVERILL

No. 96-498.

938 P.2d 702 (1997)

Greg GARRISON, Plaintiff and Appellant, v. Dan L. AVERILL, Trails West Realty, Inc., and John J. Gainey, Jr., individually and as Trustee of the John J. Gainey, Jr, Trust u/t dated December 21, 1987, Defendants, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided May 27, 1997.

Attorney(s) appearing for the Case

John R. Gordon; Reep, Spoon & Gordon, Missoula, for Plaintiff and Appellant.

Lane K. Bennett, Attorney at Law, Kalispell, for Defendant and Respondent John J. Gainey, Jr.

Gary L. Graham; Garlington, Lohn & Robinson, Missoula, for Defendants and Respondents Dan Averill and Trails West Realty.

GRAY, Justice.

Greg Garrison (Garrison) brought this action seeking rescission of a land purchase agreement under which he bought property from John J. Gainey, Jr. (Gainey). He also sought damages from the real estate broker, Dan L. Averill (Averill), and Trails West Realty, Inc. After a six-day bench trial, the Eleventh Judicial District Court, Flathead County, entered its findings of fact, conclusions of law and judgment for the defendants. Garrison appeals and...

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