Cape-France Enterprises v. Estate of Peed

¶1 Cape-France Enterprises brought this action to rescind an agreement between the parties for the sale of a tract of land in Bozeman, Montana. On cross-motions for summary judgment the District Court granted summary judgment in favor of Cape-France. The Estate of Lola Peed and Marthe Moore appeal from the District Court’s order granting summary judgment in favor of Cape-France. We affirm.

¶2 The dispositive issue on appeal is restated as follows:

¶3 Whether the District Court correctly concluded that the parties’ buy-sell agreement was unenforceable on the grounds of impossibility or…