Schaeffer v. Miller
Montana Supreme Court
Appeal from District Court, Lems and Ciarle County; J. M. Clements, Judge. Action by Lincoln H. Schaeffer against Thomas B. Miller. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from District Court, Lems and Ciarle County; J. M. Clements, Judge. Action by Lincoln H. Schaeffer against Thomas B. Miller. Judgment for plaintiff, and defendant appeals. This action is not claimed by respondent to be based on a contract of sale or a failure to carry out its terms, but is purely a cause of action for money had and received by appellant, belonging in equity and good conscience to respondent, because of a total failure of the consideration upon which it was paid. We are suing upon a new contract which the law implies upon the abandonment of the negotiations for the…
1Opinion of the CourtJustice Holloway
Immediately prior to June 20, 1905, the Mutual Benefit Life Insurance Company of New Jersey owned the Denver Block in the city of Helena. T. B. Miller, this appellant, was a special agent for the insurance company, and, through him, L. H. Schaeffer, the respondent, entered into negotiations for the purchase of the property. These negotiations were apparently proceeding so favorably that Schaeffer paid over to Miller $5,000 as a part of the purchase price on the property; but about June 20 the negotiations failed before a contract had been entered *419into, and Schaeffer thereupon demanded the…
2Cases cited5 opinions
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Davis v. KrumMissouri Court of Appeals · 1882
- Galvin v. Mac Mining & Milling Co.Montana Supreme Court · 1894
- Schaeffer v. Mutual Benefit Life InsuranceMontana Supreme Court · 1909
3Cited by20 opinions
- Kerrigan v. O'MearaMontana Supreme Court · 1924
- First Nat. Bank of Okmulgee v. MatlockSupreme Court of Oklahoma · 1924
- Stagg v. StaggMontana Supreme Court · 1931
- City of Butte v. GoodwinMontana Supreme Court · 1913
- MacY v. DayMissouri Court of Appeals · 1961
15 more not listed; retrieve them via the Exa API.