Hayes v. Hartelius

Plaintiff appeals from a judgment of the District Court, Eighth Judicial District, Cascade County. In that judgment the court found as follows: (1) Plaintiffs breached a contract with defendant for the purchase of real property and consequently may not recover partial payment made pursuant to the contract. (2) Plaintiffs cannot re cover money from defendant on the basis of unjust enrichment or on the basis that Hartelius holds money for plaintiffs as a constructive trustee. (3) Section 70-25-101(4), MCA, of the Montana Security Deposit Act does not apply to this case.

Plaintiffs and defendant…