Beartooth Stock Co. v. Grosscup
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by the Beartooth Stock Company against Thad. G. Grossenp. From an order dissolving an attachment, plaintiff appeals.
Read the full summary
Appeal from District Court, Lewis and Clark County; B. Lee Word, Judge. Action by the Beartooth Stock Company against Thad. G. Grossenp. From an order dissolving an attachment, plaintiff appeals. The sole question in the case is whether or not an action by the buyer of hay at a specified price per ton, who has paid the purchase price, to recover from the seller damages by reason of the fact that the hay was not of the grade specified and was unfit for use is such an action as comes within the meaning of the statute authorizing a writ of attachment in an action upon, a contract, express or…
1Opinion of the CourtJustice Hurly
The complaint in this action alleges that the plaintiff and [1] defendant entered into a contract in writing for the sale *598by defendant to plaintiff of certain alfalfa hay of a certain specified quality to be delivered on board cars in the state of Washington, to be shipped to plaintiff in Montana at an agreed price, payable as deliveries were made, by drafts drawn by the defendant upon the plaintiff; that the hay was not of the quality specified in the contract, was of an inferior grade and unfit for the purposes for which the same was purchased by the plaintiff and for damages sustained by…
2Cases cited16 opinions
- Town of Santa Monica v. GuidingerCalifornia Supreme Court · 1902
- Hathaway v. DavisCalifornia Supreme Court · 1867
- Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
- De Leonis v. EtchepareCalifornia Supreme Court · 1898
- Gutta Percha & Rubber Manufacturing Co. v. MayorNew York Court of Appeals · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Carter v. Bankers' InsuranceMontana Supreme Court · 1920
- Muri v. YoungMontana Supreme Court · 1926
- Fraser v. ClarkMontana Supreme Court · 1955
- Heffron v. ThomasMontana Supreme Court · 1921
- State ex rel. Barnett v. ReynoldsMontana Supreme Court · 1923
2 more not listed; retrieve them via the Exa API.