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Judy D. Olsen v. Kristy K. Johnston

February 5, 2013

JUDY D. OLSEN, PLAINTIFF AND APPELLEE,
v.
KRISTY K. JOHNSTON AND DAVE JOHNSTON, DEFENDANTS AND APPELLANTS.



APPEAL FROM: District Court of the Fourteenth Judicial District, In and For the County of Meagher, Cause No. DV 09-16 Honorable Randal I. Spaulding, Presiding Judge

The opinion of the court was delivered by: Brian Morris

February 5 2013

Submitted on Briefs: November 7, 2012

Filed:

Clerk

Justice Brian Morris delivered the Opinion of the Court.

¶1 Appellants Kristy K. Johnston (Johnston) and Dave Johnston (Dave) appeal from an order of the Fourteenth Judicial District Court, Meagher County, that granted summary judgment to Appellee Judy D. Olsen (Olsen). The District Court determined that Olsen and Johnston had contracted for Olsen to purchase Johnston's interest in real property that they jointly owned as tenants in common. The court awarded specific performance to Olsen under the contract. We affirm.

¶2 We address on appeal only whether the District Court properly concluded that Olsen and Johnston had formed an enforceable contract.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 Olsen and Johnston are sisters. Olsen, Johnston, and their mother, Joyce Johnston (Joyce), owned as tenants in common 78 acres of real property on Eagle Creek in Meagher County (the property). Joyce left her one-third interest in the property to Johnston when she died in 2008.

¶4 Johnston sent a letter to Olsen on July 17, 2009, in which she offered either to buy Olsen's interest in the property, or to sell her own interest to Olsen. In relevant part, the letter read:

Judy,

As tenants in common with irreconcilable differences, I feel a termination of joint ownership of the cabin property is unavoidable.

I propose that you sell me your 1/3 share of the 78 acre Eagle Creek property for $150,000.00. If you choose not to sell, you may ...


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