J. W. Denio Milling Co. v. Malin
Wyoming Supreme Court
Error to District Court, Sheridan County; Charles E. Winter, Judge. Action 'by J. M. Malin against the J. W. Denio Milling Company. Judgment for plaintiff and defendant brings error. The material facts are stated in the opinion. The contract was made in Wyoming upon its confirmation by the Milling Company. The laws of Montana do not govern.
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Error to District Court, Sheridan County; Charles E. Winter, Judge. Action 'by J. M. Malin against the J. W. Denio Milling Company. Judgment for plaintiff and defendant brings error. The material facts are stated in the opinion. The contract was made in Wyoming upon its confirmation by the Milling Company. The laws of Montana do not govern. (Capps v. Hensley, 23 Okla. 311, 100 Pac. 515.) Contracts are construed and their validity determined by the law of the place where made. The lex loci contractus governs. (9 Cyc. 670 and 682-683; 1 Elliott on Contracts, Sec. 62 ; Minor on Conflict of Laws,…
1Opinion of the Court
Beard, Justice.
This action was brought by defendant in error, J. M. Malin, against the plaintiff in error, J. W. Denio Milling Company, to recover damages for an alleged breach of a written contract. The plaintiff below recovered a verdict and judgment against the defendant below for $1,395.00 and costs. From that judgment plaintiff in error brings error.
For convenience the parties will be referred to as plaintiff, and defendant, as they appeared in the District Court. The contract sued upon is as follows.:
*151“CONTRACT
“Note: — This contract is forwarded at once to our General Office. We…
2Cases cited8 opinions
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- Campfield v. SauerCourt of Appeals for the Sixth Circuit · 1911
- Anderson v. Mut. Life Ins. Co. of N.Y.California Supreme Court · 1913
- Balch v. ArnoldWyoming Supreme Court · 1899
- Deere v. LewisIllinois Supreme Court · 1869
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- P & M CATTLE CO. v. HollerWyoming Supreme Court · 1977
- Oregon Basin Oil and Gas Company v. Ohio Oil CompanyWyoming Supreme Court · 1952
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