D Agostino v. Schapp

This is a claim for breach of a contract for sale of real property. The. District Court for the Eighteenth Judicial District, Gallatin County, denied the motion of the D’Agostinos for summary judgment and granted summary judgment to the Schaaps. We affirm in part and reverse in part.

The issue is whether the trial court erred in failing to grant the D’Agostinos’ motion for summary judgment and in granting the Schaaps’ motion for summary judgment.

In 1977, the Schaaps sold the D’Agostinos property in West Yellowstone, Montana, consisting of Lots 3, 4, 5, and 6 in Block 26 of the original…