(Download) "Adoption of S.T.V." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Adoption of S.T.V.
- Author : Supreme Court of Montana
- Release Date : January 04, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The respondent, Continental Realty, Inc., brought an action against the appellants, Arthur Stanley Gerry and Harriet Gerry, seeking to have the appellants vacate the premises at 1530 Phillips Avenue in Butte, Montana and to recover attorneys fees and costs. The basis for the action was that the appellants were in default under a contract for deed between the parties. The appellants counterclaimed for damages for emotional distress and attorneys fees on the ground that the respondent breached its fiduciary duty and wrongfully canceled the contract for deed. The District Court of the Second Judicial District, Silver Bow County, sitting without a jury, ruled that the respondent did not sustain its burden of proof that the appellants were in default and reinstated the contract for deed between the parties. No ruling was made on the appellants counterclaim. The appellants appeal. We remand to the District Court for entry of appropriate findings of fact and conclusions of law and judgment on the appellants counterclaim.