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MILL CREEK LTD. PARTNERSHIP v. LODGE

No. DA 09-0455.

228 P.3d 1144 (2010)

2010 MT 65

355 Mont. 478

MILL CREEK LIMITED PARTNERSHIP, Plaintiff and Appellant, v. Jaxon LODGE and Dan Young, Defendants and Appellees.

Supreme Court of Montana.

Decided March 30, 2010.

Attorney(s) appearing for the Case

For Appellant: David M. McLean and Christy S. McCann; Browning, Kaleczyc, Berry & Hoven, P.C.; Quentin M. Rhoades and Rob Erickson; Sullivan, Tabaracci & Rhoades; Missoula, Montana.

For Appellee Lodge: Reid J. Perkins and Sean Morris; Worden Thane P.C.; Missoula, Montana.

For Appellee Young: Brian Kohn, Attorney at Law, Billings, Montana.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 Mill Creek filed a motion for summary judgment, claiming it was undisputed that Jaxon Lodge and Dan Young (the Appellees) had breached the Buy-Sell Agreement by not making a good faith effort to obtain financing. Lodge filed a cross-motion for summary judgment, which Young later joined, arguing that Mill Creek had breached the Agreement by refusing to return the earnest money. The Twentieth Judicial...

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