LEASE: Ambiguity properly resolved in favor of Defendants… Ulbricht affirmed. [Read more…]
House construction, extravagant lake house defects
HOUSE CONSTRUCTION: Most claims against general contractor and subcontractors involved in extravagant lake house and boathouse projects dismissed on summary judgment… Eddy. [Read more…]
ATM services, misdirected deposits
ATM SERVICES: Unjust enrichment claim against SD bar owner for $35,520 uncollected from $285,520 misdirected deposit during transfer of processing services for Montana ATM properly dismissed as time-barred… claims against processing entity for breach of written/oral contracts, implied covenant, actual/constructive fraud, negligent/intentional misrepresentation, general negligence properly dismissed on summary judgment… $21,500 fees properly awarded… Eddy affirmed. [Read more…]
Trespass/nuisance, encroachment, res judicata
TRESPASS/NUISANCE: Encroachment claims not barred by res judicata of 1st case, equitable estoppel, waiver… $10,000 for reckless disregard of property rights by encroaching addition… Plaintiff entitled to costs of appeal, not to fees as sanction… Wheelis affirmed. [Read more…]
Property, partition/sale, siblings
PROPERTY: Partition/sale proper resolution of dispute as to property conveyed by deed from father to 5 children contrary to divorce agreement to divide among children… son who lived on property not 3rd-party beneficiary to agreement, adverse [Read more…]