Wibaux v. Grinnell Live Stock Co.
Montana Supreme Court
Appeal from Third Judicial District, Ouster County. The demurrer to the complaint was sustained by Liddell,. J. STATEMENT OE FACTS.
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Appeal from Third Judicial District, Ouster County. The demurrer to the complaint was sustained by Liddell,. J. STATEMENT OE FACTS. This was an action brought by the plaintiff (appellant in this court) against the Grinuell Live Stock Company for the alleged breach of a contract for the delivery of cattle, and with said company are joined as defendants T. L. Kimball and George W. Holderge, who are sued as guarantors or sureties of the cattle company for the .fulfillment of the contract on its part. The allegations of the complaint material to be stated are in substance these: The plaintiff and…
1Opinion of the CourtDe Wolfe, J.
An examination of the complaint show's, we think clearly, that it states a cause of action against one or all of the defendants. The contract between plaintiff and, defendant company, and also the guaranty entered into by the defendants, Kimball and Holderge, on behalf of the cattle company, are set forth in kcee verba, and with sufficient averments to constitute a cause of action. In this respect the complaint is-rather redundant than insufficient in allegation. Nor can it be said that several causes of action have been improperly united. The action is one for damages for an alleged breach…
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