Legal Opinion

Slater Brick Co. v. Shackleton

Montana Supreme Court

Decided May 16, 1904No. 1,890PublishedCited by 6 opinions

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

  1. Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
  2. Hefferlin v. KarlmanMontana Supreme Court · 1903
  3. Yellowstone National Bank v. GagnonMontana Supreme Court · 1901
  4. Butte Mining & Milling Co. v. KenyonMontana Supreme Court · 1904
  5. Boe v. HawesMontana Supreme Court · 1903

3Cited by6 opinions

  1. Edwards v. MuriMontana Supreme Court · 1925
  2. Gazette Printing Co. v. McConnellMontana Supreme Court · 1912
  3. Hansen v. LarsenMontana Supreme Court · 1911
  4. Gabriel v. Kildare Elevator Co.Supreme Court of Oklahoma · 1907
  5. Esselstyn v. HolmesMontana Supreme Court · 1911

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