H-D Irrigating, Inc. v. Kimble Properties, Inc.

¶1 The Plaintiffs, H-D Irrigating, Inc. and William H. Lane, Jr., (Buyers), filed this action in the District Court for the Sixth Judicial District in Sweet Grass County to recover damages from the Defendants, Kimble Properties, Inc., Hobble Diamond Cattle Co., and Lloyd L. Kimble (Sellers), for misrepresentation and breach of a duty to disclose. The Defendants filed a counterclaim to recover payments due from the Plaintiffs for the property purchased. Following a nonjury trial, the District Court found the Defendants were liable for constructive fraud and that the Plaintiffs were liable for…