Flinner v. McVay
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by John Flinner against W. B. McYay for the purchase price of an assignment of a contract to sell land. From a judgment of nonsuit and an order denying a new trial, plaintiff appeals. The assignment of this contract was not an attempt to convey any interest in real estate, for at law an executory contract of sale is a mere agreement which does not affect the title-(28 Am. & Eng.
Read the full summary
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by John Flinner against W. B. McYay for the purchase price of an assignment of a contract to sell land. From a judgment of nonsuit and an order denying a new trial, plaintiff appeals. The assignment of this contract was not an attempt to convey any interest in real estate, for at law an executory contract of sale is a mere agreement which does not affect the title-(28 Am. & Eng. Ency. of Law, 1st ed., p. 105, sec. 8, and note 2.) And even in equity, if the contract as in this case, provides that a conveyance shall be…
1Opinion of the CourtChief Justice Brantly
It is alleged in the complaint herein that on August 7, 1906, the plaintiff and one W. P. ELnowlton entered into a contract, of which the following is a copy:
“Belgrade, Mont., Aug. 7th, 1906.
“This agreement made this day and date between W. P. Knowlton, of Belgrade, Mont., party of the first part, and John Flinner, of Leav., Kans., party of the second part.: W. P. Knowlton, party of the first part, agrees to sell and convey to John Flinner, party of the second part, all right and title to S. % of N. E. % of Sec. 16, 80a.'; S. y2 of N. % of Sec. 15, 160a.; S. % of See. 15, 320a.; N. W. y Sec.…
2Cases cited5 opinions
- Wilkie v. . WombleSupreme Court of North Carolina · 1884
- Baasen v. BaehrWisconsin Supreme Court · 1859
- Bowser v. CravenerSupreme Court of Pennsylvania · 1868
- Connor v. TippettMississippi Supreme Court · 1880
- Love v. . Cobb .Supreme Court of North Carolina · 1869
3Cited by8 opinions
- Boekelheide v. SnyderSouth Dakota Supreme Court · 1947
- Winslow v. DundomMontana Supreme Court · 1912
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
- Wells v. WaddellMontana Supreme Court · 1921
- Thackeray v. KnightUtah Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.