Milwaukee Land Co. v. Ruesink
Montana Supreme Court
Appeal from District Court, Custer County; C. C. Hurley, Judge. Action by the Milwaukee Land Company against Ira Ruesink and John Anderson. Judgment for plaintiff. From an order sustaining defendants’ motion for a new trial, plaintiff appeals. Defendants’ defense rests primarily upon the determination of the one question as to whether or not there was in fact any such contract as was pleaded by him in his answer, that a specific performance thereof could be decreed.
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Appeal from District Court, Custer County; C. C. Hurley, Judge. Action by the Milwaukee Land Company against Ira Ruesink and John Anderson. Judgment for plaintiff. From an order sustaining defendants’ motion for a new trial, plaintiff appeals. Defendants’ defense rests primarily upon the determination of the one question as to whether or not there was in fact any such contract as was pleaded by him in his answer, that a specific performance thereof could be decreed. The term “specific performance” presupposes the existence of a contract or agreement. Specific performance is an equitable…
1Opinion of the CourtChief Justice Brantly
This is an appeal from an order granting defendants’ motion for a new trial. The action is in ejectment to recover the possession of lot 1, block 4, in the townsite of Baker, Custer (now Fallon) county. The complaint is in the usual form, alleging title and right to possession in plaintiff and ouster by defendants. The separate answer of defendant Ruesink admits that he is in possession, but denies all the other allegations in the complaint. Denying plaintiff’s title and right to possession except as admitted in his counterclaim, the defendant Anderson seeks affirmative relief upon these…
2Cases cited13 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Suburban Homes Co. v. NorthMontana Supreme Court · 1914
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Cobban v. HecklenMontana Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Gravelin v. PorierMontana Supreme Court · 1926
- Bauer v. Cleveland Ry. Co.Ohio Supreme Court · 1943
- Hogan v. ThrasherMontana Supreme Court · 1925
- Quinlivan v. Brown Oil Co.Montana Supreme Court · 1934
- Trudgen v. TrudgenMontana Supreme Court · 1958
24 more not listed; retrieve them via the Exa API.