Stagg v. St. Jean
Montana Supreme Court
Appeal from District Court, Deer Lodge County; Welling Napton, Judge. ActioN by Stagg & Conrad against E1. L. St. Jean. From a judgment in favor of plaintiffs, and from an order overruling a motion for a new trial, defendant appeals. Tbe language of a contract should be interpreted most strongly against tbe party who caused the uncertainty to- exist. The p-romissor is presumed to be suck party. (Civil Code, Sec. 2219; Keith v. Elec.
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Appeal from District Court, Deer Lodge County; Welling Napton, Judge. ActioN by Stagg & Conrad against E1. L. St. Jean. From a judgment in favor of plaintiffs, and from an order overruling a motion for a new trial, defendant appeals. Tbe language of a contract should be interpreted most strongly against tbe party who caused the uncertainty to- exist. The p-romissor is presumed to be suck party. (Civil Code, Sec. 2219; Keith v. Elec. Engineering Oq., 136 Cal. 178.) There was an implied condition in thf.^ — as there is in every building contract, that the work when eoJ/. u-ted will be…
1Opinion of the Court
ME. COMMISSIONED POOEMAN
prepared tbe opinion for tbe court.
Tbis is an appeal from a judgment in favor of plaintiffs and from an order overruling' defendant’s motion for a new trial. Tbe action was brought in tbe district court recover a certain sum alleged to be due tbe plaintiffs for articles of merchandise sold by them to tbe defendant, and for a certain other sum claimed to be due plaintiffs on a contract for tbe erection and construction of a hot air system installed in a building known as tbe “St. Jean Block,” situated in tbe city of Anaconda. A trial by jury was bad, which resulted in a…
2Cases cited6 opinions
- Hendy v. MarchCalifornia Supreme Court · 1888
- Babcock v. CaldwellMontana Supreme Court · 1899
- Rehberg v. GreiserMontana Supreme Court · 1900
- Voight v. BrooksMontana Supreme Court · 1897
- Johnson v. TyngAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Williams' EstateMontana Supreme Court · 1918
- Noyes v. YoungMontana Supreme Court · 1905
- Holmes v. PottsMontana Supreme Court · 1957
- Holmes v. PottsMontana Supreme Court · 1957