McNaught v. Hoffman
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Montana; George M. Bourquin, Judge. At Law. Action by Ollie N. McNaught against Sadie Hoffman. Judgment for defendant, and plaintiff brings error.
Read the full summary
In Error to the District Court of the United States for the District of Montana; George M. Bourquin, Judge. At Law. Action by Ollie N. McNaught against Sadie Hoffman. Judgment for defendant, and plaintiff brings error. The plaintiff in error, as plaintiff, in her complaint in the court below set forth that she is the sister of Mary M. Smith, the owner of two town lots in Lewistown, Mont., on which there is a hotel known as the Hoffman House; that on March 14, 1910, Mary M. Smith conveyed said premises by deed to the defendant in error, and that contemporaneously with the deed, and as a part…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The legal effect of the deed and the contract as between the parties thereto was determined by a judgment of the Supreme Court of Montana in Smith v. Hoffman, 56 Mont. 299, 184 Pac. 842, a suit brought by Mrs. Smith against Mrs. Hoffman seeking the cancellation of the deed for alleged breach of the contract to make the $50 monthly payments so provided for. The court held that under section 5031 of the Code of Montana the deed and the contract were to be taken together as parts of one transaction, that from the evidence the only consideration for the…
2Cases cited8 opinions
- Steele v. ClarkIllinois Supreme Court · 1875
- Tatem v. Eglanol Mining Co.Montana Supreme Court · 1912
- Riddle v. BeattieSupreme Court of Iowa · 1889
- Smith v. HoffmanMontana Supreme Court · 1919
- McDonald v. American National BankMontana Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Federal Surety Co. v. Minneapolis Steel & MacHinery Co.Court of Appeals for the Eighth Circuit · 1927
- Cove Irr. Dist. v. American Surety Co. of New YorkCourt of Appeals for the Ninth Circuit · 1930