Solberg v. Sunburst Oil & Gas Co.

This is the second appeal in this action. On the former.appeal the judgment was reversed and the cause remanded for a new trial. (70 Mont. 177, 225 Pae. 612.) Upon the first trial, after the submission to a jury of all evidence by both parties, the jury on motion of defendant’s counsel was discharged; the case being treated by the court as one of purely equitable cognizance. On the first appeal it was held that the cause is one at law rather than in equity, and that the court was in error in discharging the jury. The plaintiff’s right to a trial by jury was the only question considered and…