Montana Supreme Court
Tuma v. Britt
July 7, 20262026 MT 144
Summary
The Court affirmed partial summary judgment determining that the Second Lease Amendment was ambiguous about whether it removed both purchase options in Section 5 of the original lease or only the fee-simple option. Because the language was ambiguous, the District Court properly considered undisputed extrinsic evidence and concluded that the Britts retained a vested, paid-in-full right to acquire a 27.5% undivided tenancy-in-common interest in the Parent Tract, with exclusive use of the 10.325-acre leasehold. The Court also held that Don Hostak's later memory lapses did not create a genuine issue of material fact.