Lester v. J. & S. INVESTMENT COMPANY

MR. JUSTICE JOHN C. HARRISON

delivered the opinion of the court.

This is an appeal from a summary judgment of the district court, Lewis and Clark County, denying defendants a management fee as a proper deduction from rents and profits when property was redeemed.

The facts are not in dispute. J. & S. Investment Company (hereinafter referred to as buyers) bought an apartment house at a sheriff’s sale in Helena, Montana. Barbara Berg Lester (hereinafter referred to as redemptioner) sought to redeem the property. On January 20, 1975 buyers were informed by redemptioner, through her attorney, that…