Hartt v. Jahn
Montana Supreme Court
Appeals from District Court, Meagher County; John A. Matthews, Judge. Action by Dudley N. Hartt against Henry N. Jabn and wife. From a judgment for defendants and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtJustice Reynolds
Action was commenced by appellant for foreclosure of mortgage given by respondents as part of purchase price of the real estate covered by the mortgage; complaint being in the usual form of complaints in foreclosure actions.
Respondents admitted the allegations of the complaint except that there was anything due or payable upon the notes and mortgage and set up as an affirmative defense an executory collateral contract signed by one John H. Garrett with respondent Henry N. Jahn, the covenants of which were never fulfilled. Respondents also filed counterclaim, claiming damages by reason of the…
2Cases cited1 opinion
- Cobban v. HecklenMontana Supreme Court · 1902
3Cited by12 opinions
- Ludwig v. Montana Bank and Trust Co.Montana Supreme Court · 1939
- Schulz v. PeakeMontana Supreme Court · 1978
- Apple Ex Rel. Scammon v. Standard Oil, Division of American Oil Co.District Court, N.D. California · 1969
- Schwedes v. RomainMontana Supreme Court · 1978
- Elkins v. Husky Oil CompanyMontana Supreme Court · 1969
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