Dobitz v. Oakland

HON. PETER G. MELOY, District Judge,

sitting for Mr. Justice Haswell, delivered the opinion of the Court.

This is an appeal from a declaratory judgment granted by the district court, Yellowstone County, in favor of defendants Fred E. Oakland and Loretta Oakland.

The facts from which this litigation arises are:

Oaklands sold certain real property rental units to the plaintiffs, Vera J. Dobitz, James L. Scharen and John Furgason, on a contract for deed, which contract contained a provision for non-assignment unless Oaklands’ consent was given.

Plaintiffs, without Oaklands’ consent, entered into a…