Waite v. Shoemaker & Co.
Montana Supreme Court
Appeal from District Court, Fergus County; C. C. Hurley, Judge of the Seventh Judicial District, presiding. Aotion by Harry C. Waite against C. E. Shoemaker & Co. Judgment for plaintiff, and defendant appeals from an order denying its motion for a new trial. Plaintiff relied upon the written contract, and was thereby precluded from charging misrepresentation.
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Appeal from District Court, Fergus County; C. C. Hurley, Judge of the Seventh Judicial District, presiding. Aotion by Harry C. Waite against C. E. Shoemaker & Co. Judgment for plaintiff, and defendant appeals from an order denying its motion for a new trial. Plaintiff relied upon the written contract, and was thereby precluded from charging misrepresentation. Misrepresentation in the inception of a contract unquestionably entitles a party to avoid the contract; but he cannot stand upon the contract and at the same time say there is no contract because of fraud in its inception. The positions…
1Opinion of the CourtChief Justice Brantly
Action to recover of the defendant corporation the value of services, alleged to have been rendered to it by the plaintiff. The cause was tried by Hon. E. K. Cheadle, sitting with a jury, which returned special findings and a general verdict for plaintiff for $1,774.25. Judgment was entered for this amount and costs. Judge Cheadle having thereafter, and prior to the submission of defendant’s motion for a new trial, retired from office, and Hon. Roy E. Ayers, his successor, being disqualified by reason of interest, the motion was heard and determined adversely to defendant by Hon. C. C.…
2Cases cited26 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Herbert v. WaggSupreme Court of Oklahoma · 1910
- Woodward v. . FullerNew York Court of Appeals · 1880
- Phillip v. . GallantNew York Court of Appeals · 1875
21 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Crawford v. PierseMontana Supreme Court · 1919
- Miller v. FoxMontana Supreme Court · 1977
- Falls Sand and Gravel Co. v. Western Concrete, Inc.District Court, D. Montana · 1967
- Marcellus v. WrightMontana Supreme Court · 1923
31 more not listed; retrieve them via the Exa API.