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Contracts Keyed to Barnett
Schwedes v. Romain
Citation:
179 Mont. 466, 587 P.2d 388 (Mont. 1978)Facts
The Romains owned 20 acres of land in Flathead County. The Schwedes, looking for a place to retire, received a letter from Romain offering to sell the land for $60,000 cash. After Schwedes communicated his acceptance over the phone, the Romains employed Hoover, an attorney, to prepare for closing on September 20.
Before that date, Hoover called the Schwedes and indicated that an in-person closing would not be necessary and that the closing date had been pushed out to October 3. On September 30, the Romains sold the land to a third party for $64,000.
The Schwedes sued for specific performance or, in the alternative, breach of contract.
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