Bunke, Inc. v. Johnson

Plaintiff Bunke, Inc. (Bunke) appeals from a decision of the Thirteenth Judicial District Court, Yellowstone County, in this declaratory judgment action arising out of the lease of The Rails Inn Motel in Forsyth, Montana. We affirm the District Court.

Bunke raises the following issues on appeal:

1. Does section 70-26-203, MCA, justify the tenant, Bunke, vacating the premises and discharge it from further payment of rent and other obligations under the lease?

2. Does the landlord’s retaking of possession and operation of the motel terminate the lease and with it all of the obligations under the…