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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Enz v. Raelund, 419 P.3d 674 (2018)

Citation
Enz v. Raelund, 419 P.3d 674 (2018)
Parent Document
Enz v. Raelund, 419 P.3d 674 (2018)
Jurisdiction
Montana (state)
Effective Date
2018-06-05

Other Sections in This Document (99)

Full Text

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¶ 69 In Pollard , we determined that an ambiguous real estate agreement was a contract of sale where, at the conclusion of the leased term, the tenant could purchase the property for the nominal consideration of $10.00. We noted that the "lease" required the lessee to pay as compensation for the lease "a sum substantially equivalent to or in excess of its value" after which, for nominal consideration, it would own the property. Pollard , 228 Mont. at 181-82, 741 P.2d at 779-80. Here, at the end of the Lease, the Raelunds would not own the property for nominal additional consideration, but rather would either owe an additional $239,900, or assume the existing mortgages.