Glacier Campground v. Wild Rivers, Inc.

I dissent to the foregoing opinion. I fear that much of what is said therein may lead the District Court in any retrial into egregious error.

This is a case where the District Court granted a summary judgment in favor of the defendants. Therefore, the facts before us are either admitted, or there is no issue of fact. It is important to bear in mind that posture of this appeal.

In the first place, the parties entered into a contract for deed which contained in paragraph 9 a default clause. The pertinent portion of that default clause provided as follows:

“In case of the failure of the said…