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No. 94-233
IN THE SUPREME COURT OF THE STATE OF MONTANA
1994
CLUB BUFFET BAR, INC.,
Plaintiff and Respondent,
v.

RAY LILIENTHAL, a/k/a RAY LILENTHAL,
UNITED STATES OF AMERICA (acting by
and through the INTERNAL REVENUE
SERVICE) and STATE OF MONTANA (acting
by and through its DEPARTMENT OF
REVNUE),
Defendants and Appellants.
APPEAL FROM: District Court of the Sixteenth Judicial District,In and for the County of Rosebud,The Honorable Kenneth R. Wilson, Judge presiding.
COUNSEL OF RECORD:
For Appellant:
John Houtz, Forsyth, Montana
For Respondent:
Richard W. Josephson, Josephson &
Fredricks,Big Timber, Montana
Submitted on Briefs: October 28, 1994
Decided: November 29, 1994
Filed:


Chief Justice J. A. Turnage
delivered the Opinion of the Court.
In this action, Club Buffet Bar, Inc. (Club Buffet Bar), seeks
to repossess real and personal property and a liquor license
financed through a contract for deed. The District Court for the
Sixteenth Judicial District, Rosebud County, granted summary
judgment to Club Buffet Bar. The buyer, Ray Lilienthal, appeals.
We affirm and remand for determination of the amount of attorney
fees to be awarded to Club Buffet Bar.
The issue on appeal is whether material issues of fact bar
summary judgment on Lilienthal's counterclaims.
In 1980, Ray Lilienthal contracted to purchase from Club Buffet Bar a liquor license and real and personal property located in Ashland, Montana. The parties' contract required Lilienthal to make monthly payments, to insure the property and keep it free of liens, and to pay all taxes on the property. A default clause provided that if Lilienthal failed to perform any of his obliga

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Montana Law