Slater Brick Co. v. Shackleton
Montana Supreme Court
Appeal from District Court, Yellowstone County; C. If. LoudJudge. Action by the Slater Brick Company against John Shackleton and another, partners as Shacldeton & Whiteway. Judgment for plaintiff. From the judgment, and from an order denying their motion for a new trial, defendants appeal. There must have been a receipt and acceptance shown to take the case out of the provisions of the statute requiring the contract to be in writing.
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Appeal from District Court, Yellowstone County; C. If. LoudJudge. Action by the Slater Brick Company against John Shackleton and another, partners as Shacldeton & Whiteway. Judgment for plaintiff. From the judgment, and from an order denying their motion for a new trial, defendants appeal. There must have been a receipt and acceptance shown to take the case out of the provisions of the statute requiring the contract to be in writing. (Civil Code of Montana, Sec. 2340, Subd. 2; Shindle v. Houston, 1 N. Y. 2G1; Kirby v. Jonson, 22 Mo. 354.) The contract which plaintiff attempted to- prove was…
1Opinion of the Court
MR. COMMISSIONER CLAYBERG
prepared the following opinion for the court:
Appeal by defendants from a judgment and order denying their motion for a new trial.
The action was brought to recover a balance claimed to be due for 198,500 brick delivered by plaintiff to- defendants. The only question in controversy between the parties is as to-the price. Plaintiff claims that it contracted for the sale of the brick to William White & Co. at the price of $-8.50 per *392thousand, f. o. b. cars at Billings, and that defendants assumed this contract; that in pursuance of this contract all the brick were…
Also in this document: Per curiam.
2Cases cited5 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Hefferlin v. KarlmanMontana Supreme Court · 1903
- Yellowstone National Bank v. GagnonMontana Supreme Court · 1901
- Butte Mining & Milling Co. v. KenyonMontana Supreme Court · 1904
- Boe v. HawesMontana Supreme Court · 1903
3Cited by6 opinions
- Edwards v. MuriMontana Supreme Court · 1925
- Gazette Printing Co. v. McConnellMontana Supreme Court · 1912
- Hansen v. LarsenMontana Supreme Court · 1911
- Gabriel v. Kildare Elevator Co.Supreme Court of Oklahoma · 1907
- Esselstyn v. HolmesMontana Supreme Court · 1911
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