Clark v. Lindsay & Co.
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Cla/rhe County. Action on contract. The cause was tried before Buck, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.
Read the full summary
Appeal from, First Judicial District, Lewis and Cla/rhe County. Action on contract. The cause was tried before Buck, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This action is brought to recover damages sustained by plaintiff’s assignor, one Pendleton, because of the failure of Lindsay & Co. to receive a car load of eggs and dressed poultry sold by Pendleton to the defendant in February, 1892, It is alleged by plaintiff that on February 11th, 1892, Pendleton sold and furnished to defendant 370 cases of eggs at the agreed price of twenty cents…
1Opinion of the CourtHunt, J.
What was the contract entered into between the parties ? If the respondent is correct, Pendleton did 'all he was obliged to do, when on February 15th, he placed the merchandise involved in good condition on board the railroad tars at Lawrence, Kansas, to be transported to Helena, Montana.
*4But if appellant, defendant, is correct, although it admits that the contract entered into between it and Pendleton is the same as set forth by Pendleton, it nevertheless avers it was agreed in and by said contract that the merchandise was to be delivered to the railroad company so that it could be shipped…
Also in this document: Concurrence.
2Cases cited1 opinion
- Schmertz v. DwyerSupreme Court of Pennsylvania · 1867
3Cited by9 opinions
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Bank of Taiwan, Ltd. v. Union Nat. Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1924
- Hoffman v. GoslineCourt of Appeals for the Sixth Circuit · 1909
- Horner v. DailyIndiana Court of Appeals · 1922
- McEwen v. Union Bank & Trust Co.Montana Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.