Crowley v. Rorvig
Montana Supreme Court
'Appeals from, District Court, Broadwater Comity; John A. Matthews, Judge. Action by M. H. Crowley and others against Nick Rorvig. From a judgment for defendant and an order refusing them a new trial, plaintiffs appeal. Respondent will undoubtedly cite a long list of cases holding that an agent cannot make a contract with his wife in matters affecting the agency. These cases, commencing with the case of Davoue v. Fanning, 2 Johns.
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'Appeals from, District Court, Broadwater Comity; John A. Matthews, Judge. Action by M. H. Crowley and others against Nick Rorvig. From a judgment for defendant and an order refusing them a new trial, plaintiffs appeal. Respondent will undoubtedly cite a long list of cases holding that an agent cannot make a contract with his wife in matters affecting the agency. These cases, commencing with the case of Davoue v. Fanning, 2 Johns. Ch. (N. Y.) 252, were based upon a rule that a wife did not have any legal existence apart from her husband, and that a husband and wife were unable to make a…
1Opinion of the Court
MR. COMMISSIONER SPENCER
prepared the opinion for the court.
The facts essential to a determination of the appeals herein are that plaintiffs • and defendant entered into a written agreement by the terms of which the plaintiffs engaged to sell certain lands of the defendant in Broadwater county for the fixed sum of $40,000, for a commission of five per cent. The instrument under which plaintiffs operated was designated “authority to sell.” Subsequently the plaintiffs, assuming to act as agents of the defendant, entered into an agreement with Stella G. Crowley, Mary D. Crowley, Walter H. Hill,…
2Cases cited22 opinions
- People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863
- Tyler v. SanbornIllinois Supreme Court · 1889
- Frazier v. JeakinsSupreme Court of Kansas · 1902
- Busenbark v. BusenbarkSupreme Court of Kansas · 1885
- Robbins v. ButlerIllinois Supreme Court · 1860
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3Cited by5 opinions
- First Trust Co. of Montana v. McKennaMontana Supreme Court · 1980
- Curotto v. HammackSupreme Court of Missouri · 1951
- Young v. FieldDistrict Court of Appeal of Florida · 1989
- Boyne, U.S.A, Inc. v. MallasMontana Supreme Court · 1989
- Iverson v. RehalMontana Supreme Court · 1957