WHIPPS, L.L.C. v. KAUFMAN, VIDAL, HILEMAN & RAMLOW, P.C.

No. DA 06-0028.

156 P.3d 11 (2007)

2007 MT 66

336 Mont. 386

WHIPPS, L.L.C., Plaintiff and Appellant, v. KAUFMAN, VIDAL, HILEMAN & RAMLOW, P.C., Defendant and Respondent.

Supreme Court of Montana.

Decided March 13, 2007.


Attorney(s) appearing for the Case

For Appellant: Dale P. Trigg, Trigg Law Firm, P.C., Kalispell, Montana.

For Respondent: Tracy Axelberg, Christensen, Moore, Cockrell, Cummings and Axelberg, P.C., Kalispell, Montana.


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

¶ 1 Whipps, L.L.C. (Whipps), as landlord, and Kaufman, Vidal, Hileman & Ramlow, P.C. (Kaufman), as tenants, entered into a commercial lease agreement. Shortly after taking possession of the premises Kaufman vacated them. Whipps sued for breach of a commercial lease and Kaufman filed a counterclaim for fraud and breach of contract. After offers and counter-offers were made, Kaufman tendered an...

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