Marcus Daly Memorial Hospital Corp. v. Borkoski

Defendant, Jerome F. Borkoski, the purchaser of the Marcus Daly Memorial Hospital in Hamilton, appeals from the order of the Ravalli County District Court granting summary judgment to the defendant seller, Marcus Daly Memorial Hospital, Inc. The order declared that the buyer had forfeited his right to any interest in the hospital building.

Borkoski, as buyer, raises three issues on appeal. He first claims that the seller elected the remedy of specific performance by choosing to accelerate all amounts due under the contract and therefore should be estopped from cancelling the contract and…