Hennessy v. Holmes
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jerémiáh J. Lynch, Judge. Action by Patrick J. Hennessy against Levi E. Holmes and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. Mr. Justice Smith dissenting.
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Appeal from District Court, Silver Bow County; Jerémiáh J. Lynch, Judge. Action by Patrick J. Hennessy against Levi E. Holmes and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. Mr. Justice Smith dissenting. Under sections 5029 and 7873, Revised Codes, when a suit is brought on a contract, the defendant may set up any imperfection or mistake in reducing the contract to writing, and introduce oral evidence showing the real agreement, and when any error has occurred the court will disregard the erroneous part and give effect to the real intention of…
1Opinion of the Court
HON. W. R. C. STEWART,
Judge of the Ninth Judicial District, sitting in place of Mr. Justice Holloway, disqualified, delivered the opinion of the court.
This is an action to recover damages for an alleged breach of warranty contained in a deed made January 25, 1900, by Levi E. Holmes and wife to Andrew Laden, who was the grantor of the plaintiff and respondent herein. Prior to the making of the deed, Holmes and Laden negotiated for the sale and transfer of the title Holmes had in the property described in the deed. The findings of the court below are to the effect that it was understood and…
2Cases cited11 opinions
- Moore v. CoppCalifornia Supreme Court · 1897
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Kimmell v. SkellyCalifornia Supreme Court · 1900
- Grieve v. GrieveWyoming Supreme Court · 1907
- American Mining Co. v. Basin & Bay State Mining Co.Montana Supreme Court · 1909
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3Cited by7 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- First State Bank v. MussigbrodMontana Supreme Court · 1928
- Hjermstad v. BarkulooMontana Supreme Court · 1954
- Cox v. HallMontana Supreme Court · 1917
- Kummrow v. Bank of Fergus CountyMontana Supreme Court · 1920
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