Bennett v. Tillmon
Montana Supreme Court
Appeal from Fowrth Judicial District, Missoula Gounty. Action on promissory notes. The cause was tried before Woody, J. Defendant had judgment below. Statement of the case by the court. This is a suit on three promissory notes. cThe answer admits the execution of the notes, and alleges that they were given in consideration of the purchase by defendant of certain improvements on real estate belonging to one Gr.
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Appeal from Fowrth Judicial District, Missoula Gounty. Action on promissory notes. The cause was tried before Woody, J. Defendant had judgment below. Statement of the case by the court. This is a suit on three promissory notes. cThe answer admits the execution of the notes, and alleges that they were given in consideration of the purchase by defendant of certain improvements on real estate belonging to one Gr. A. Bennett; that said improvements were sold to defendant by L. J. Warner, the agent of said Gr. A. Bennett; that said Warner induced defendant to execute two of the notes, for <$250…
1Per curiam
The plaintiff contends that the answer contains no defense, in that it attempts to vary a written contract by the oral agreement to allow the account pleaded to be offset against and credited upon the notes. This Avas the ground for plaintiff’s motion for judgment on the pleadings, and of his objection to the introduction of any testimony in relation to said agreement.
We do not think the oral agreement, set up in the answer, that G. A. Bennett’s account or indebtedness to defendant was to be offset against or credited on the notes, is an attempt to vary the terms of the written contract as…
2Cases cited1 opinion
- Bohn Manufacturing Co. v. HarrisonMontana Supreme Court · 1893
3Cited by8 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Continental Oil Co. v. BellMontana Supreme Court · 1933
- Payne v. NicholsonSupreme Court of Florida · 1930
- Nesbitt v. City of ButteMontana Supreme Court · 1945
- BF Goodrich Company v. BrooksDistrict Court of Appeal of Florida · 1959
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