Schlegel v. Moorhead

This is an action for damages for the alleged breach of a written contract for the sale of an oil and gas lease. The same contract was the subject of previous litigation between these same parties. In Schlegel v. Moorhead (1976), 170 Mont. 391, 553 P.2d 1009, this Court unanimously affirmed dismissal of Schlegel’s complaint for specific performance. The facts which gave rise both to this appeal and the prior case are articulated in detail in our previous opinion and will not be repeated here.

In affirming the dismissal of the original complaint for specific performance, we agreed with the…