79 Ranch, Inc. v. Pitsch

MR. JUSTICE MORRISON,

specially concurs as follows:

I concur in the result but would like to add these *445comments.

My dissenting opinion filed in 79 Ranch, Inc. v. Pitsch (1981), Mont., 631 P.2d 690, 38 St.Rep. 1048, accurately sets forth my views in this matter. However, upon remand to the District Court, findings of fact were made with respect to reasonable diligence and those findings bind me in reviewing this appeal.

There is evidence in the record which would support a finding of reasonable diligence by Pitsch's predecessor-in-interest,but I am unable to say that the trial court abused its…