Colarchik v. Watkins

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This matter comes on a rehearing granted. The opinion heretofore set forth on February 10, 1964, is withdrawn and the following opinion substituted.

This is an appeal from a judgment of the tenth judicial district of the State of Montana, in and for the county of Judith Basin. The judgment was entered by the district court sitting without a jury, the Honorable Victor H. Fall presiding after the Honorable LeRoy L. McKinnon had been disqualified.

The appellants (plaintiffs below), Cyril and Estella Colarchik, are the owners of certain…