Bottrell Family Investment Ltd. Partnership v. Diversified Financial, Inc.

¶1 Bottrell Family Investments filed this breach of contract action in the Thirteenth Judicial District Court, Yellowstone County, seeking damages and a declaratory judgment against Diversified Financial, Inc., Stephen A. Zabawa, and Jason Blair (collectively, “Defendants”). After both Bottrell and Defendants moved for summary judgment, the District Court entered judgment in Defendants’ favor. Bottrell appeals. The issues on appeal are as follows:

1. Whether election of remedies doctrine bars Bottrell’s pursuit of damages;

2. Whether laches bars Bottrell’s action.

¶2 We reverse and remand for…