Brundy v. Canby
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Sally A. Brundy against Benjamin H. Canby and others. Judgment for plaintiff, and defendants appeal from it and from an order denying a new trial.
Read the full summary
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Sally A. Brundy against Benjamin H. Canby and others. Judgment for plaintiff, and defendants appeal from it and from an order denying a new trial. Consideration: It is alleged that plaintiff received no consideration for the contract, and as a corollary to that postulate, that there is nothing for her to do to place the parties in statu quo as a condition precedent for a cancellation or rescission of the contract. The fact that the joining with claimants in the contracts was not of as great value as was at…
1Opinion of the CourtJustice Sanner
Henry Brundy died intestate, without issue and without father, mother, brother or sister him surviving. The plaintiff (respondent here) is his widow; she is seventy-nine years of age, inexperienced in business, destitute of legal knowledge, and *464obliged to rely upon others for proper direction in the conduct of her affairs. The appellant Canby is, and in the transactions to which this suit relates was, the attorney in fact for the other appellants; and these — hereinafter called the claimants— are the issue of Henry Brundy’s predeceased brothers and sisters. The defendant W. R. Allen is the…
2Cases cited19 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Parchen v. ChessmanMontana Supreme Court · 1914
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
- Pope v. AlexanderMontana Supreme Court · 1907
14 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Ashley v. Safeway Stores, Inc.Montana Supreme Court · 1935
- Riley v. BlackerMontana Supreme Court · 1915
- Hoppin v. LongMontana Supreme Court · 1925
- Bullard v. ZimmermanMontana Supreme Court · 1928
- Clary v. FlemingMontana Supreme Court · 1921
25 more not listed; retrieve them via the Exa API.