Dover Lumber Co. v. Whitcomb
Montana Supreme Court
Appeal from District Court, Sanders County; Theo Lentz, Judge. Action by tbe Dover Lumber Company against Jobn W. Whitcomb and others. Judgment for plaintiff and Whitcomb Bros., appeal.
Read the full summary
Appeal from District Court, Sanders County; Theo Lentz, Judge. Action by tbe Dover Lumber Company against Jobn W. Whitcomb and others. Judgment for plaintiff and Whitcomb Bros., appeal. Plaintiff, to be entitled to judgment, must establish by a preponderance of the evidence: 1. That at the time the suit was instituted, it was the absolute owner (for no qualified ownership by lien or otherwise is claimed in the complaint) and lawfully entitled to the immediate and exclusive possession of the property in controversy in this suit. 2. That the property was wrongfully detained by the defendants.…
1Opinion of the CourtJustice Holloway
In October, 1912, John Derr contracted to sell to the Dover Lumber Company not less than 400,000 feet of sawlogs to be cut from standing timber then owned by him. The logs were to be measured or sealed by a scaler to be employed by the company, but who was to be boarded at Derr’s expense. The contract specifies the several lengths into which the logs were to be cut, the percentage of white and yellow pine, respectively, the quality of logs, and the price. The following portions of the contract are material here:
“Time of payment and manner of doing so as follows: $3.00 per M feet on skids…
2Cases cited15 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Terry v. . WheelerNew York Court of Appeals · 1862
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Dubois v. SpinksCalifornia Supreme Court · 1896
- Dodge v. JonesMontana Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gilna v. BarkerMontana Supreme Court · 1927
- Nelson v. WilsonMontana Supreme Court · 1928
- General Fire Extinguisher Co. v. Northwestern Auto Supply Co.Montana Supreme Court · 1922
- State v. SchoenbornMontana Supreme Court · 1919
- State Ex Rel. Urton v. American Bank & Trust Co.Montana Supreme Court · 1926
18 more not listed; retrieve them via the Exa API.