Carey v. Wallner

This is an appeal from the findings of fact, conclusions of law, order and judgment of the District Court in and for the Eighteenth Judicial District, Bozeman, Montana. Following a bench trial, the court found the petitioners were entitled to rescind a contract for deed they had entered into with the defendants and were entitled to certain damages including attorney’s fees. Petitioners cross-appeal part of the damage award. We affirm rescission of the contract and reverse and remand as to damages.

Between 1975 and 1978 the appellants (Wallners) owned and operated the Wallner Foster Care Home…