Legal Opinion

Fallon County v. Brindley

Montana Supreme Court

Decided September 6, 1984No. 83-024Published

1Opinion of the CourtJustice Weber

This is an appeal from a judgment of the District Court of the Sixteenth Judicial District of Fallon County, awarding $500 per month rental from November 17, 1979 until the County’s scraper is returned. We vacate the judgment and remand the cause for further proceedings.

The issues presented on appeal are:

1. Did lessee’s obligation to pay rent terminate when the scraper was rendered useless?

2. Did lessee’s attempt to return the scraper terminate his rental obligation?

3. Did the District Court err in holding that the lessee was responsible for monthly rental payments until the scraper was…

2Cases cited4 opinions

  1. Presbyterian Distribution Service v. Chicago National BankAppellate Court of Illinois · 1960
  2. Solich v. HaleMontana Supreme Court · 1967
  3. Kosena v. EckMontana Supreme Court · 1981
  4. American Machine Co. v. JohnsonMontana Supreme Court · 1971

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