Maxted v. Barrett

Defendants appeal the trial court decision ordering them to specifically perform their agreement with the plaintiff wherein plaintiff was to purchase defendants’ mortgagee’s interest in the Denver Block Apartment property in Helena. We affirm.

On March 23, 1979, defendants sold the “Denver Block Apartments” (125 Broadway, Helena) to Benjamin and Annie Brown. Browns assumed a first mortgage held by the Helena American Federal Savings and Loan Association and executed a note to defendants for $67,000 at 9%, secured by a second mortgage. Each monthly payment amounted to $848.74. Insurance payable…