Cohen v. Clark
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by A. B. Cohen against C. W. Clark. Plaintiff had judgment, and defendant appealed therefrom and from an order denying him a new trial.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by A. B. Cohen against C. W. Clark. Plaintiff had judgment, and defendant appealed therefrom and from an order denying him a new trial. “Where a complaint, in an action to recover for personal services rendered, does not show whether the plaintiff relies upon a specific contract for a stipulated compensation, or an implied contract for the reasonable valúe of the services alleged, a special demurrer thereto for uncertainty and ambiguity should be sustained.” {Shade v. Sisson M. & L. Co., 115 Cal. 357, 47 Pac.…
1Opinion of the CourtJustice Holloway
This action was brought to recover $2,730 for work and labor performed and expenses incurred by plaintiff for defendant between January 23, 1901, and October 23, 1902. Plaintiff recovered judgment, and the defendant appealed therefrom and from the order denying him a new trial.
1. The complaint consists of eleven paragraphs, exclusive of the prayer. In paragraph 1 plaintiff alleges that between January 23, 1901, and April 1, 1901, at defendant’s special instance and request, he performed work and labor for defendant at Helena. Each of the next four paragraphs is similar in terms, except as to…
2Cases cited9 opinions
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Kipp v. SilvermanMontana Supreme Court · 1901
- Frederick v. HaleMontana Supreme Court · 1910
- Martin v. CorscaddenMontana Supreme Court · 1906
- Martin v. HeinzeMontana Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- United States v. Louisville & Nashville Railroad CompanyCourt of Appeals for the Sixth Circuit · 1955
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Heckaman v. Northern Pacific Railway Co.Montana Supreme Court · 1933
- Moss v. GoodhartMontana Supreme Court · 1913
- Gay v. Lavina State BankMontana Supreme Court · 1921
26 more not listed; retrieve them via the Exa API.