First Trust Co. of Montana v. McKenna

In an action by the sellers of a farm to recover a real estate commission and treble damages, the District Court granted summary judgment in favor of the real estate broker and dismissed the broker’s counterclaim for malicious prosecution. Both parties appeal from the respective judgments against them.

In 1970 Jack Sisson and his brother Mark owned a ranch in Judith Basin County, Montana. The ranch consisted of about 8,400 acres of deeded land and about 6,320 acres of leased and together with livestock, machinery, and improvements. The defendant was at all times pertinent to this case a…