Security Abstract & Title Co. v. Smith Livestock, Inc.
Montana Supreme Court
JUSTICE COTTER dissents. ¶30 I dissent. I would conclude that the Findings of Fact, Conclusions of Law and Judgment of the District Court are intrinsically inconsistent, and that the District Court erred in its analysis and conclusions.
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JUSTICE COTTER dissents. ¶30 I dissent. I would conclude that the Findings of Fact, Conclusions of Law and Judgment of the District Court are intrinsically inconsistent, and that the District Court erred in its analysis and conclusions. I would reverse and remand with instructions to enter judgment for VX Ranch. ¶31 The Court notes at the outset of its Opinion that the District Court made alternative findings: either the Agreement between the parties was not subject to a financing condition, or-if it was-VX Ranch did not make reasonable efforts to obtain such financing. The Court then…
1Opinion of the CourtJustice Warner
¶1 VX Ranch, Inc., appeals a judgment entered in the Sixteenth Judicial District Court, Custer County, in favor of Respondent Smith Livestock, Inc., ordering the Clerk of the District Court to pay Smith Livestock a $100,000.00 earnest money deposit interplead by Security Abstract and Title Co., and awarding attorney fees and costs to Security Abstract and Smith Livestock.
¶2 This dispute arises between two corporations that entered into an agreement for the sale and purchase of ranch property. The District Court, after considering the evidence, held that the agreement in question was not…
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