Fergus Motor Co. v. Sorenson

HONORABLE LYMAN H. BENNETT,

District Judge, sitting in place of MR. JUSTICE GALEN, absent on account of illness, delivered the opinion of the court.

This is an appeal from a judgment entered on an agreed statement of facts, by the district court of Custer county. The judgment having been in favor of the defendant, the plaintiff appealed.

As many of the facts as are pertinent to our inquiry were concisely stated by the judge who tried the cause in the court below as follows: “Briefly, * * * the facts disclose that on the sixteenth day of May, 1923, at Lewistown, Montana, the plaintiff sold and…