Legal Opinion

Stagg v. St. Jean

Montana Supreme Court

Decided December 23, 1903No. 1,735PublishedCited by 4 opinions

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

  1. Hendy v. MarchCalifornia Supreme Court · 1888
  2. Babcock v. CaldwellMontana Supreme Court · 1899
  3. Rehberg v. GreiserMontana Supreme Court · 1900
  4. Voight v. BrooksMontana Supreme Court · 1897
  5. 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

  1. In re Williams' EstateMontana Supreme Court · 1918
  2. Noyes v. YoungMontana Supreme Court · 1905
  3. Holmes v. PottsMontana Supreme Court · 1957
  4. Holmes v. PottsMontana Supreme Court · 1957

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