Boyne, U.S.A, Inc. v. Mallas

The defendants, Nick Mallas, Bruce Frank, and the Montana Territorial Land Co., a Montana corporation, appeal the decision by the District Court of the Eighteenth Judicial District, Gallatin County, finding that the July 18, 1986 agreement between Boyne U.S.A., Inc., the plaintiff, and the defendants is not enforceable by the defendants. We affirm the District Court.

The substantive issues raised on appeal are:(1) whether the District Court erred in finding that Mallas was acting in a fiduciary capacity, as Boyne’s realtor, at the time of the July 18, 1986 agreement; and(2) whether an…