Eschenbacher v. Anderson

¶1 Stuart Eschenbacher appeals from the Findings of Fact, Conclusions of Law and Order of the Montana Eighth Judicial District Court, Cascade County, concluding that Eschenbacher breached a purchase contract between Eschenbacher (d/b/a Cascade Log Homes) and James C. Anderson and that the proper remedy is to rescind the contract. We affirm and remand for determination and award of Anderson’s attorney’s fees and costs on appeal.

¶2 We find the following issues are dispositive of this appeal:

¶3 Whether the District Court erred in failing to interpret the contract as requiring Anderson to provide…