Silva v. McGuinness

Defendants appeal from a summary judgment in District Court, Second Judicial District, Silver Bow County, which granted specific performance in favor of the plaintiffs in several land purchase contracts.

The defendants were the owners of land near Butte, Montana, which had been surveyed and subdivided into forty-eight tracts, forty-seven of which were to be sold to plaintiffs and others. Tract 48, as shown on the certificates of survey in the clerk and recorder’s office, was designated as a private roadway which followed a horseshoe-shaped course past the various lots with two connections to…