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BOND v. CITY OF PHILIPSBURG

No. 02-449.

67 P.3d 255 (2003)

2003 MT 74

Van and Alice BOND, Plaintiffs and Appellants, v. CITY OF PHILIPSBURG, Davenport Real Estate, William Davenport, Donald Bowen and David Bowen, Defendants and Respondents.

Supreme Court of Montana.

Decided April 8, 2003.

Attorney(s) appearing for the Case

Christian T. Nygren, Milodragovich, Dale, Steinbrenner & Binney, Missoula, Montana, For Appellant.

Mark S. Williams & William R. Bieler, Williams Law firm, Missoula, Montana (for City of Philipsburg); Bernard J. Everett, Knight, Dahood, McLean & Everett, Anaconda, Montana (for David & Donald Bowen), For Respondents.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Van and Alice Bond (the Bonds) brought this action to rescind a contract for deed and to recover damages incurred as a result of water leakage into the basement of a building they purchased from Donald Bowen and David Bowen (the Bowens). The Third Judicial District Court, Granite County, granted the Bowens' motion for summary judgment. The Bonds appeal...

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