Henderson v. Daniels
Montana Supreme Court
Appeal from District Court, Fergus County; Jack Briscoe, Judge. Action by S. S. Henderson and another against H. E. Daniels. From a judgment for plaintiffs and an order denying a new trial, defendant appeals. The contract in its entirety leaves no doubt but that it was the intention of the parties thereto that the deed and abstract would be prepared, executed and put in escrow at the bank within a short time after the execution of the agreement.
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Appeal from District Court, Fergus County; Jack Briscoe, Judge. Action by S. S. Henderson and another against H. E. Daniels. From a judgment for plaintiffs and an order denying a new trial, defendant appeals. The contract in its entirety leaves no doubt but that it was the intention of the parties thereto that the deed and abstract would be prepared, executed and put in escrow at the bank within a short time after the execution of the agreement. This means, of course, that the respondents were to get the proper court authority and furnish a good and marketable title. In the construction of…
1Opinion of the Court
MR. CHIEF COMMISSIONER STARK
prepared the opinion for the court.
The record in this case discloses that on the twenty-eighth day of December, 1916, S. S. Henderson, of Monmouth, *368Illinois, and David “W. Henderson and Lizzie L. Hickman, respectively the executor and executrix of the last will and testament of Eliza J. Henderson, deceased, of Monmouth, Illinois, in their own right, and for and on behalf of the estate of Eliza J. Henderson, deceased, under a power contained in the will of said Eliza J. Henderson, deceased, as the parties of the first part, entered into a contract with E. H.…
2Cases cited20 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Burke v. Inter-State Savings & Loan Ass'nMontana Supreme Court · 1901
- Crawford v. PierseMontana Supreme Court · 1919
- Adams v. StenehjemMontana Supreme Court · 1915
- In Re Estate of ClarkCalifornia Supreme Court · 1905
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3Cited by25 opinions
- State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
- Hanrahan v. AndersenMontana Supreme Court · 1939
- McCarthy v. Employers' Fire InsuranceMontana Supreme Court · 1934
- J. M. Hamilton Co. v. BattsonMontana Supreme Court · 1935
- Thelen v. VogelMontana Supreme Court · 1929
20 more not listed; retrieve them via the Exa API.