Turtainen v. Poulsen

This case is an appeal from a grant of summary judgment by the First Judicial District Court, Lewis and Clark County, Montana, in a real estate contract dispute. We affirm.

Appellants raise two issues for review:

1. Did the District Court err in finding appellants’ claims barred by the doctrine of res judicata and the compulsory counterclaim rule?

2. Were appellants not required to assert their counterclaims for fraud and other related causes of action in respondent’s earlier injunction action because the District Court proceeded with the injunction action on a summary basis?

On September 28,…