Bozeman Deaconess Foundation v. Cowgill

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from an order of the district court granting a motion to dismiss one claim in a complaint containing three separate claims for relief. The appellant, the Bozeman Deaconess Foundation, is the plaintiff and will be referred to as such in this opinion.

The complaint (as amended) alleges three separate claims for relief which, in essence, are as follows:(1) Five of the individual defendants and the deceased Dan R. Lovelace, of whose estate the sixth individual defendant is executrix, are unconditional…