Miller v. Titeca

Plaintiff and respondent, John Miller, buyer, brought this action in order to recover damages caused by the seller’s breach of a cattle-sales contract. A nonjury trial was held in the District Court of the Sixth Judicial District, Sweetgrass County, the Honorable Jack Shanstrom presiding. Seller and defendant, John Titeca, now appeals from the judgment entered in favor of the buyer in the amount of $6,492.50.

The seller presents nine separate issues for review:

1. Did the District Court err by not barring maintenance of the buyer’s action by reason of the fictitious name statutes?

2. Did the…