Fratt v. Daniels-Jones Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; George W. Pierson, Judge. Action by David Fratt and wife against the Daniel-Jones Company and another. From a judgment on the pleadings, defendant company appeals. The complaint does not state facts sufficient to constitute a cause of action.
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Appeal from District Court, Yellowstone County; George W. Pierson, Judge. Action by David Fratt and wife against the Daniel-Jones Company and another. From a judgment on the pleadings, defendant company appeals. The complaint does not state facts sufficient to constitute a cause of action. There is no allegation to the effect that respondents repaid or offered to repay to appellant the money paid by the latter to the former at the time the contract was executed, and, in other respects, that they placed appellant in statu quo. The repayment or offer to repay must appear affirmatively in the…
1Opinion of the CourtJustice Holloway
On March 26, 1909, David Fratt and wife entered into a contract in writing with the Daniels-Jones Company, a corporation, by which they sold and agreed to convey to the company Sec. 7, Tp. 4 N. R. 25 E., for $6,370, payable $637 in cash and the balance in ten equal annual installments, with interest at the rate of six per cent per annum, payable annually. The vendee was to have possession on May 15, 1909, and was to pay all taxes upon the land after the year 1909. The contract contains this provision: “It is hereby expressly understood and agreed that time is of the essence of this contract…
2Cases cited13 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Clark v. American Developing & Mining Co.Montana Supreme Court · 1903
- Dana v. St. Paul Investment Co.Supreme Court of Minnesota · 1889
- Pier v. LeeSouth Dakota Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Suburban Homes Co. v. NorthMontana Supreme Court · 1914
- Friedrichsen v. CobbMontana Supreme Court · 1929
- Sturm v. HeimArizona Supreme Court · 1964
- Edwards v. MuriMontana Supreme Court · 1925
- Hicks v. RuppMontana Supreme Court · 1914
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