Higby v. Hooper

221 P.2d 1043 (1950)

HIGBY et ux.

v.

HOOPER et al.

No. 8944.

Supreme Court of Montana.

August 28, 1950.

Paul T. Keller, Helena, for appellant.

Floyd O. Small, Helena, for defendant, cross-complainant and respondent Hooper.

David R. Smith, Helena, for cross-defendant and respondent, Home Building & Loan Ass'n.

ADAIR, Chief Justice.

Don Higby served three years in the military forces of the United States during World War II.

In May 1945, Higby, then aged 28, was honorably discharged from the Army and returned to Helena, Montana, where he obtained employment in the office of an insurance company.

At the…