Bengala v. Conservative Savings Bank

This is an appeal from a bench trial and judgment in the Fourth Judicial District Court, Missoula County. Dr. Michael C. Bengala (Plaintiff/Appellant) appeals the trial court finding that Conservative Savings Bank of Omaha, Nebraska (Defendant/Respondent), did not commit actual or constructive fraud in leasing commercial property to the plaintiff and that the plaintiff improperly invoked the lessee’s remedies under § 70-26-203, MCA. We affirm.

Dr. Bengala (Bengala) entered into a three-year lease agreement with Conservative Savings Bank (the Bank) and the Randel Corporation. During…