Clark v. American Developing & Mining Co.
Montana Supreme Court
Appeal from, District Court,- Lewis and Clarice County1; H. C. Smith, Judge. ActioN by William J\ Clark against tbe American Developing & Mining Company. From a judgment in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals. Courts will look to the acts of the parties and to the surrounding circumstance's to see which kind of a rescission they have intended.
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Appeal from, District Court,- Lewis and Clarice County1; H. C. Smith, Judge. ActioN by William J\ Clark against tbe American Developing & Mining Company. From a judgment in favor of plaintiff, and an order denying a motion for a new trial, defendant appeals. Courts will look to the acts of the parties and to the surrounding circumstance's to see which kind of a rescission they have intended. (Hayes v. City of Nashville, 80 Fed. 641; Mayor v. Refrigerating Co., 40 N. EL 171; Winton v. Spring, 18 Cal. 451.) The rescission or modification of a contract, being in effect the substitution of one…
1Opinion of the Court
MR. COMMISSIONER CALLAWAY
prepared the opinion for the court.
This controversy arose over an option contract executed by the defendant, as party of the first part, to the plaintiff, as party-of the second part, concerning the lease and sale of the Golden Sunlight group of mines. By the terms of the contract, which was dated January 31, 1894, the plaintiff, at his option, was to pay the defendant $500,000 as- the purchase price of the property, in installments falling due at stated intervals; the last one being due October 1, 1896. A payment of $50,000 ■was due April 1, 1895. The plaintiff had…
2Cases cited8 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Waterman v. BanksSupreme Court of the United States · 1892
- Reddish v. SmithWashington Supreme Court · 1894
- Hayes v. City of NashvilleCourt of Appeals for the Sixth Circuit · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
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- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- McDaniel v. Hager-Stevenson Oil Co.Montana Supreme Court · 1926
- Cruse v. ClawsonMontana Supreme Court · 1960
20 more not listed; retrieve them via the Exa API.