McDonald v. McNinch
Montana Supreme Court
'Appeals from, District Court, Beaverhead County; Joseph C. Smith, Judge. Action by A. S. McDonald and another against Lewis E. McNinch and another. From the judgment for plaintiffs and from an order denying a new trial, the defendants appeal.
Read the full summary
'Appeals from, District Court, Beaverhead County; Joseph C. Smith, Judge. Action by A. S. McDonald and another against Lewis E. McNinch and another. From the judgment for plaintiffs and from an order denying a new trial, the defendants appeal. The following cases illustrate the rule of void contracts from two aspects: One where the contract is void for want of mutuality or for want of consideration to bind one of the parties; and the other where the parties appear to be bound to do something under their contract but their obligations are so indefinitely stated as to render a performance…
1Opinion of the CourtJustice Holloway
On January 12, 1918, Effie H. McNinch and Louis E. McNinch, as lessors, and A. S. McDonald and B. S. McDonald, as lessees, executed a lease by the terms of which the lessors leased to the lessees 760 acres of land (particularly described) in Beaverhead county. The term of the lease was two years from March 1, 1918, with an option for renewal. The lessors agreed to furnish all tools and implements on the premises necessary to properly run the ranch, including one tractor; *312to furnish all necessary materials to put the machinery and tools in good working condition; to furnish eight work horses;…
2Cases cited7 opinions
- Price v. StipekMontana Supreme Court · 1909
- Ferris v. McNallyMontana Supreme Court · 1912
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
- Alywin v. MorleyMontana Supreme Court · 1910
- Hoskins v. Scottish Union & National InsuranceMontana Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. KaarmaMontana Supreme Court · 2017
- State Highway Comm'n v. BareMontana Supreme Court · 1962
- Continental Oil Company v. McNAIR REALTY COMPANYMontana Supreme Court · 1960
- Mathis v. DainesMontana Supreme Court · 1982
- State v. MillerMontana Supreme Court · 1977
1 more not listed; retrieve them via the Exa API.