Christiansen v. Aldrich
Montana Supreme Court
Appeal from District Court, Chouteau County; John Vi\ Tattan, Judge. Action by Charles Christiansen against William G. Aldrich and another. From a decree in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal. Statement oe tile Case.
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Appeal from District Court, Chouteau County; John Vi\ Tattan, Judge. Action by Charles Christiansen against William G. Aldrich and another. From a decree in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal. Statement oe tile Case. This action was brought to enforce specific performance of a contract to convey certain real and personal property, consisting of farm lands in Chouteau county, and shares of the capital stock in an irrigation company. The complaint alleges, in substance, that under the terms of the contract which was entered into by the…
1Opinion of the Court
ME. CI1IEE JUSTICE! BRANTLY,
after stating the case, delivered the opinion of the court.
1. It is argued that the complaint does not state a case for specific performance, within the purview of Section 4410 of the Civil Code. In this we think counsel are in error. It is true, the facts and circumstances stated do not bring it within the provisions of subdivisions 1, 3 and 4 of this section; but the allegation of a breach of the contract to convey the land *451described is itself sufficient to raise the presumption that pecuniary compensation would not afford adequate relief. This brings the case…
2Cases cited21 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Brown v. Haff & LyonNew York Court of Chancery · 1835
16 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- Finlen v. HeinzeMontana Supreme Court · 1905
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Winslow v. DundomMontana Supreme Court · 1912
- Long v. NeedhamMontana Supreme Court · 1908
24 more not listed; retrieve them via the Exa API.