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Schwedes v. Romain

Montana Supreme Court
587 P.2d 388 (1978)


Facts

Romain and Mudgett (defendants) sent a letter to the Schwedes offering to sell a piece of property for a specified price. The Schwedes (plaintiffs) communicated acceptance of the offer to Romain by telephone. Romain hired Hoover, an attorney, to close the transaction. Hoover ordered title insurance, prepared the deeds, and scheduled the closing date. At some point, Hoover contacted the Schwedes by telephone to inform them that the closing date would be postponed. During the call, the Schwedes offered to pay the full purchase price, but Hoover told them to wait until the closing. Before the closing could take place, Romain and Mudgett sold the property to a third party. The Schwedes filed suit against Romain, seeking specific performance or damages for breach of contract. Romain moved for summary judgment, which was granted. The Schwedes appealed the grant of summary judgment and the trial court’s refusal to grant the Schwedes motion to alter, amend, or vacate the summary judgment order.

Rule of Law

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Issue

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Holding and Reasoning (Sheehy, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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