Legal Opinion

McCrimmon v. Murray

Montana Supreme Court

Decided June 22, 1911No. 3,017PublishedCited by 23 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. 1Lynch, Judge. Action by Duncan McCrimmon against James A. Murray. From a judgment for plaintiff and an order denying a new trial, defendant appeals. On the issues framed by the pleadings herein it was incumbent upon the plaintiff to establish a contract by the terms of which the defendant Murray agreed to pay the plaintiff the amount claimed, “if the alleged information was found satisfactory.”

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Appeal from District Court, Silver Bow County; Jeremiah J. 1Lynch, Judge. Action by Duncan McCrimmon against James A. Murray. From a judgment for plaintiff and an order denying a new trial, defendant appeals. On the issues framed by the pleadings herein it was incumbent upon the plaintiff to establish a contract by the terms of which the defendant Murray agreed to pay the plaintiff the amount claimed, “if the alleged information was found satisfactory.” There is not any evidence in the record establishing, or tending to establish, the contract alleged in the pleadings, and plaintiff must…

1Opinion of the CourtChief Justice Brantlt

This action was brought to recover the sum of $15,000, which it is alleged the defendant promised to pay plaintiff for certain information communicated by him to the defendant. The amended complaint alleges:

“(1) That between the first day of April, A. D. 1904, and the first day of November, A. D. 1904, at the city of Butte, Silver Bow county, Montana, the plaintiff, at the special instance and request of the defendant, gave and furnished to him certain information with reference to the existence of a certain vein or lead of ore shown and disclosed within the boundaries of the Alex Scott lode…

2Cases cited14 opinions

  1. Zaleski v. ClarkSupreme Court of Connecticut · 1876
  2. Gibson v. CranageMichigan Supreme Court · 1878
  3. Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
  4. Carr v. StateSupreme Court of Arkansas · 1884
  5. Burns v. SmithMontana Supreme Court · 1898

9 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
  2. Waite v. Shoemaker & Co.Montana Supreme Court · 1915
  3. Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
  4. Sylvain v. PageMontana Supreme Court · 1929
  5. Marcellus v. WrightMontana Supreme Court · 1923

18 more not listed; retrieve them via the Exa API.

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