Legal Opinion

Baker v. Berger

Montana Supreme Court

Decided May 3, 1994No. 93-415PublishedCited by 5 opinions

1Opinion of the CourtJustice Hunt

Plaintiff/appellant, James Baker, personal representative of the estate of Laura Perrine, appeals from a judgment of the First Judicial District Court, Lewis and Clark County, denying his motion for summary judgment asking the court to find that as a matter of law, the 1960 property agreement between respondent, Richard Berger, and others is unenforceable; and from the order of the court granting respondent specific performance of the agreement.

Affirmed.

We rephrase the issues as follows:

1. Is the 1960 agreement an unreasonable restraint on the alienation of the subject property?

2. Did the…

2Cases cited5 opinions

  1. Exchange Nat. Bank of Colo. Springs v. SparkmanSupreme Court of Colorado · 1976
  2. Larson v. UndemMontana Supreme Court · 1990
  3. Edgar v. HuntMontana Supreme Court · 1985
  4. In Re the Estate of SharpUtah Supreme Court · 1975
  5. Pond v. LindellMontana Supreme Court · 1981

3Cited by5 opinions

  1. Boyne USA, Inc. v. Spanish Peaks Development, LLCMontana Supreme Court · 2013
  2. Houdashelt v. LutesMontana Supreme Court · 1997
  3. Estate of G. WilliamsMontana Supreme Court · 2023
  4. Custody of C.K.J.Montana Supreme Court · 1997
  5. McPherson v. United StatesDistrict Court, D. Montana · 2009

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