Herbert v. Winters
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Actiok for goods sold and delivered. Judgment was rendered for the plaintiff by McHatton, J. Statement of the case by the justice delivering the opinion: Appeal by defendants from an order denying their motion for new trial. The action was for one hundred and eighty-eight dollars and twenty cents, amount due for one car of potatoes sold and delivered to defendants.
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Appeal from Second Judicial District, Silver Bow County. Actiok for goods sold and delivered. Judgment was rendered for the plaintiff by McHatton, J. Statement of the case by the justice delivering the opinion: Appeal by defendants from an order denying their motion for new trial. The action was for one hundred and eighty-eight dollars and twenty cents, amount due for one car of potatoes sold and delivered to defendants. Defendants denied the sale and delivery, and the value of the potatoes. There was a verdict and judgment for plaintiff. Defendants’ motion for new trial was overruled.
1Opinion of the CourtHunt, J.
— The contention of the defendants is that the evidence failed to show that there was an order given by the defendants, or their agents, to the plaintiffs, for the potatoes in question, or that there was an absolute sale, but that the evidence proves that the potatoes were delivered to defendants by plaintiff in the usual course of trade, and that there was a general understanding between plaintiff and defendants that the potatoes were to be disposed of by the defendants on commission only, and to the best advantage.
It appears that about August, 1891, plaintiff sold a carload of potatoes to…
2Cases cited4 opinions
- First National Bank v. McAndrewsMontana Supreme Court · 1885
- Craig v. Marx & KempnerTexas Supreme Court · 1886
- First National Bank v. McAndrewsMontana Supreme Court · 1887
- Walsh v. BlakelyMontana Supreme Court · 1886
3Cited by1 opinion
- McKelvey v. PerhamMontana Supreme Court · 1905