Swartz v. Berg

This is an appeal from a summary judgment entered against the defendants in the district court of the First Judicial District of the State of Montana.

This cause was heard on motion of the plaintiff for summary judgment and on cross-motion of the defendants for summary judgment, pursuant to Rule 56, M.R.Civ.P. The facts were agreed. District Judge Victor H. Fall concluded that the plain tiff was entitled to judgment as a matter of law and granted the plaintiff’s motion for summary judgment.

The relevant facts are that respondent-plaintiff, Ed Swartz, purchased a 1965 Ford Truck from Capitol…