Waite v. Andreassi

Jefferson Amacker appeals from the order of the District Court of the Eighteenth Judicial District in Gallatin County, granting summary judgment to the plaintiff. We affirm the District Court.

The sole issue is whether the District Court erred when it concluded, as a matter of law, that the parties’ subordination agreement did not constitute a novation which extinguished the original agreement between the parties.

In October 1984, David Andreassi and Jefferson Amacker purchased property in Manhattan, Montana from Gardner C. Waite. Andreassi and Amacker paid $5000 down and secured payment of the…