Lehrkind v. McDonnell
Montana Supreme Court
Appeal from District Court, Gallatin Countyj B. B. Law, Judge. Action by Julius Lehrkind against Ed. McDonnell. Judgment for plaintiff, from which, as well as from an order denying his motion for a new trial, he appeals. Relief will not be afforded on the ground of mistake where defendant’s liability or other trouble, is the result of his want of proper diligence, and usually only in the case of fraud.
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Appeal from District Court, Gallatin Countyj B. B. Law, Judge. Action by Julius Lehrkind against Ed. McDonnell. Judgment for plaintiff, from which, as well as from an order denying his motion for a new trial, he appeals. Relief will not be afforded on the ground of mistake where defendant’s liability or other trouble, is the result of his want of proper diligence, and usually only in the case of fraud. (Grymes v. Sanders, 93 U. S. 55, 23' L. Ed. 798; Hawkins v. Hawkins, 50 Cal. 558; Mitchell v. Holman, 30 Or. 280, 47 Pac. 616; Robertson v. Smith, 11 Tex. 211, 60 Am. Dec. 234.) It has been…
1Opinion of the CourtChief Justice Brantly
Plaintiff brought this action to recover damages for an alleged breach of the following contract:
“Bozeman Brewery.
“Julius Lehrkind, Proprietor. Established 1895.
“Bozeman, Mont., Nov. 12,1912.
“This agreement, made and entered into by and between Julius Lehrkind, party of the first part, and Ed McDonnell, party of the second part, provides: That the party of the first part hereby agrees to purchase from the party of the second part his crop of good brewing barley 2 Rowed Chevalier amounting to 2500 bushels at the price of $1.07% per hundred pounds, cleaned, delivered at the Bozeman Brewery,…
2Cases cited4 opinions
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Yellowstone Park Railroad v. Bridger Coal Co.Montana Supreme Court · 1906
- Butte Water Co. v. City of ButteMontana Supreme Court · 1914
3Cited by13 opinions
- Keller v. DoolingMontana Supreme Court · 1991
- Abell v. BishopMontana Supreme Court · 1930
- Tribble v. ReelyMontana Supreme Court · 1976
- Audit Services, Inc. v. Frontier-West, Inc.Montana Supreme Court · 1992
- Gilmore v. MulvihillMontana Supreme Court · 1940
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