Brabender v. Kit Manufacturing Co.

Plaintiffs appeal from a summary judgment granted to defendant in which the court refused to rescind a purchase contract and awarded defendant attorney fees.

Plaintiffs Edward V. Brabender and his wife entered into a purchase contract with Falls Mobile Home Center, Inc. (Falls) of Great Falls, Montana, on September 21, 1971 for the purchase of a new 1972 Golden State Mobile home to be manufactured by Kit Manufacturing Company (Kit) of Caldwell, Idaho. The purchase contract referred to an attached Kit Manufacturing Company Order form which designated the specifications the Brabenders desired…