Cartin v. Hammond
Montana Supreme Court
Appeal from the Third Judicial District, Deer Lodge County. The action was tried before Theodore Brantly, sitting as judge pro tern, in place of Durfee, J. The plaintiff had judgment below. The complaint alleged the contract in general terms, and shows it has been executory, and sets up no agreement between the parties for plaintiff to enter upon the land before its terms were fulfilled.
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Appeal from the Third Judicial District, Deer Lodge County. The action was tried before Theodore Brantly, sitting as judge pro tern, in place of Durfee, J. The plaintiff had judgment below. The complaint alleged the contract in general terms, and shows it has been executory, and sets up no agreement between the parties for plaintiff to enter upon the land before its terms were fulfilled. The answer, among other things, sets out and contains a copy of the contract, which is not denied by plaintiff, and which does not show any agreement for plaintiff to enter into possession of the property…
1Opinion of the CourtBlake, C. J.
This action was commenced by the respondent to recover the sum of one thousand dollars from the appel*3lant for the breach of a certain contract. A trial by jury was waived, and the following facts appear from the findings: The parties entered into a contract in writing March 9, 1889, whereby Hammond agreed that he, in conjunction with his wife, would sell to Cartin certain real property. The title to the premises was vested in the wife of Hammond when the contract was signed, and also at the trial. Hammond executed and acknowledged a deed to the property March 9, 1889, and placed the same in a…
2Cases cited7 opinions
- Gates v. McLeanCalifornia Supreme Court · 1886
- Burnett v. CaldwellSupreme Court of the United States · 1870
- Peters v. McKeonNew York Supreme Court · 1847
- Willis v. WozencraftCalifornia Supreme Court · 1863
- Suffern v. TownsendNew York Supreme Court · 1812
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3Cited by2 opinions
- Boulder Valley Ditch Mining & Milling Co. v. FarnhamMontana Supreme Court · 1892
- Epletveit v. SolbergMontana Supreme Court · 1946