Miller v. Kleppen, 2019 MT 83, 395 Mont. 286

Summary

The Montana Supreme Court affirmed an order granting Shannon Miller specific performance of a boundary realignment agreement with Tim and Raelene Kleppen. The court held that Miller’s breach of contract claim was timely because the actionable breach occurred when the Kleppens first indicated they would not comply with the agreement, and it concluded that the agreement sufficiently described the property for specific performance. The court also affirmed dismissal of the Kleppens’ trespass claim.

Holdings

1. Miller's claim was timely because the first actionable breach occurred on May 8, 2016, when the Kleppens first manifested an intention not to comply with the stipulation.
2. The stipulation and accompanying diagram were sufficiently definite and complete to support specific performance and were not merely an agreement to agree.
3. The District Court properly dismissed the Kleppens' trespass claim because Miller retained a contractual right to remain on the disputed property pending completion of the stipulation.

Questions Presented

1. Whether Miller's breach-of-contract claim was barred by the eight-year statute of limitations.
2. Whether the 1999 stipulation and accompanying diagram were sufficiently definite to support specific performance of the boundary realignment.
3. Whether the District Court erred by dismissing the Kleppens' trespass claim.

Disposition

affirmed