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DITTO v. KIPP

No. 99-453.

3 P.3d 647 (2000)

2000 MT 162

Gerald S. DITTO and Marjorie Ditto, Plaintiffs and Respondents, v. Dean KIPP, Cheryl Kipp, David Carson, Holly Carson, Associates Financial Services Company of Montana, Inc., First Montana Title of Helena, Lewis and Clark County, Montana, and John Does 1 through 10, Defendants and Appellants. David Carson and Holly Carson, Counterclaimants and Appellants, v. Gerald S. Ditto and Marjorie Ditto, Counterdefendants and Respondents. David Carson and Holly Carson, Cross-claimants, v. Dean Kipp, Cheryl Kipp, David Carson, Holly Carson, Associates Financial Services Company of Montana, Inc., First Montana Title Company of Helena, Lewis and Clark County, Montana and John Does 1 through 10, Cross-defendants.

Supreme Court of Montana.

Decided June 20, 2000.

Attorney(s) appearing for the Case

Robert T. Cummins, Attorney at Law, Helena, Montana, For Appellants.

John H. Grant, Jackson, Murdo, Grant & McFarland, P.C., Helena, Montana, For Respondents.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 David and Holly Carson appeal from the Order on Motion for Summary Judgment issued by the First Judicial District Court, Lewis and Clark County. We affirm.

¶ 2 The Carsons raise the following issue: Whether the District Court erred in granting partial summary judgment in favor of the Dittos?

BACKGROUND

¶ 3 On June 28, 1991, Rosemary Sewell entered into a Contract for...

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