Bennett Bros. v. Tam
Montana Supreme Court
Appeal from District Court, Silver Row County; John Lindsay, Judge. Action by the Bennett Bros. Company against K. D. Tam. tí. F. Fitchett intervened. Judgment against plaintiff, and it appeals. Statement oe the Case. Action in claim and delivery.
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Appeal from District Court, Silver Row County; John Lindsay, Judge. Action by the Bennett Bros. Company against K. D. Tam. tí. F. Fitchett intervened. Judgment against plaintiff, and it appeals. Statement oe the Case. Action in claim and delivery. On April 8, 1896, the plaintiff was the owner and in possession of the property involved in this suit, and on that day sold and delivered the same to John I. Pittman under the following written contract, signed by the said Pittman and one J. V. Lemon: “§1515.00. Butte, Montana, Apr. 8th, 1896. On or before the 8th day of July, 1896, for value…
1Opinion of the CourtChief Justice Brantly
The record does not disclose upon which one of the grounds the motion was sustained. It is therefore incumbent upon us to examine them all, and, if any one of them justifies such action, the judgment and order must be affirmed; for, though several other errors are assigned in plaintiff’s brief, the questions presented by the motion are the only ones pressed upon our attention.
1. We shall most conveniently consider the first and second grounds together. Our attention is thus invited to the nature of the written contract set forth in the statement. The plaintiff insists that it evidences a…
2Cases cited8 opinions
- Van Allen v. FrancisCalifornia Supreme Court · 1899
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Hegler v. EddyCalifornia Supreme Court · 1879
- Silver Bow Mining & Milling Co. v. LowryMontana Supreme Court · 1887
- Heinbockle v. ZugbaumMontana Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cook-Reynolds Co. v. ChipmanMontana Supreme Court · 1913
- Davidson v. WamplerMontana Supreme Court · 1903
- State ex rel. Malin-Yates Co. v. Justice of the Peace CourtMontana Supreme Court · 1915
- Stanford v. CoramMontana Supreme Court · 1902
- Demers v. GrahamMontana Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.