Management, Inc. v. Mastersons, Inc.

This is an appeal from the judgment of the District Court of the Eighteenth Judicial District, Gallatin County, which found plaintiff breached a contract, committed fraud and damaged property.

We shall consider three issues on this appeal:

1. Whether the District Court erred in finding that the September 21, 1978, buy-sell agreement was a novation of the May 12, 1978, agreement.

2. Whether the District Court erred in finding that the September 21, 1978, buy-sell agreement failed because of the non-fulfillment of a condition precedent of obtaining financing for the purchase of real property.

3.…