COOK v. RESTELLI

No. 9234.

281 P.2d 827 (1955)

129 Mont. 74

R.P. COOK, Plaintiff and Appellant, v. Peter RESTELLI and Ena O. Restelli, his wife, Defendants and Respondents.

Supreme Court of Montana.

Decided March 24, 1955.

Rehearing Denied April 18, 1955.


Attorney(s) appearing for the Case

Ralph J. Anderson, Helena, for appellant.

Frisbee & Moore, Cut Bank, Selden S. Frisbee, Cut Bank, argued orally, for respondents.


ANDERSON, Justice.

There was a judgment for the defendants entered upon a jury verdict in the lower court. The action was brought to recover the reasonable value of the use of certain real property occupied by the defendants.

The plaintiff, R.P. Cook, now deceased, for cause of action alleged that he was the owner, in fee, of the real property involved in the controversy having derived his title from one Jennie E. Cutshaw. It is alleged that defendants went...

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