Donlan v. Arnold
Montana Supreme Court
Appeal from District Court, Senders County; B. Lee Mc-Culloch, Judge. •Action by Edward Donlan against Lewis Arnold and wife. Judgment for defendants, and plaintiff appeals. Appellant contends tbat there was an oral contract entered into between the parties to this action, whereby the defendants, in consideration of plaintiff’s promise to pay $500, agreed to extend the time within which the plaintiff could remove his timber for one year.
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Appeal from District Court, Senders County; B. Lee Mc-Culloch, Judge. •Action by Edward Donlan against Lewis Arnold and wife. Judgment for defendants, and plaintiff appeals. Appellant contends tbat there was an oral contract entered into between the parties to this action, whereby the defendants, in consideration of plaintiff’s promise to pay $500, agreed to extend the time within which the plaintiff could remove his timber for one year. Acceptance of an offer counts from the time of its mailing, and the fact that the check in this instance was mailed to a third party rather than to Arnold…
1Opinion of the CourtJustice Sanner
On July 17, 1905, the parties to this suit entered into a contract wherein the respondents, for a valuable consideration, sold to the appellant all the timber growing upon a certain tract of land situated in Missoula county, upon the condition that the timber be cut and removed on or before July 17, 1910. In the fore part of May, 1910, the appellant, having done nothing toward cutting or removing the timber, and realizing that the contract would soon expire, requested one Fairbanks to see Mr. Arnold and ascertain from him upon what terms an extension for one year could be procured. Fairbanks…
2Cases cited7 opinions
- Fratt v. Daniels-Jones Co.Montana Supreme Court · 1913
- Monahan v. AllenMontana Supreme Court · 1913
- Clifton v. WillsonMontana Supreme Court · 1913
- Cook-Reynolds Co. v. ChipmanMontana Supreme Court · 1913
- Brophy v. Idaho Produce & Provision Co.Montana Supreme Court · 1904
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- Joy v. LittleMontana Supreme Court · 1958
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