Murray v. White
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by James A. Murray against Robeson T. White and another to enforce the specific performance of a contract to convey real property. Plaintiff had judgment, and defendants appeal from it and an order denying them a new trial.
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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by James A. Murray against Robeson T. White and another to enforce the specific performance of a contract to convey real property. Plaintiff had judgment, and defendants appeal from it and an order denying them a new trial. By virtue of section 6103, Revised Codes, specific performance will not be enforced against a party if his assent to the contract was obtained by the other party’s misrepresentations, concealments or unfair practices, nor where his assent was given under the influence of misapprehension. This is…
1Opinion of the CourtJustice Holloway
This suit was brought by Murray to enforce the specific performance of a contract to convey real estate. From a decree in *431favor of plaintiff and from an order denying them a new trial, the defendants have appealed.
In his complaint the plaintiff alleges that in July, 1898, he and the defendant White each had an application before the land department of the United States, to enter the S. % S. B. and the S. E. % S. W. % of section 17, township 3 N. K. 7 W., in Silver Bow county; that the parties were claiming the land adversely, and, for the purpose of effecting a compromise and facilitating the…
2Cases cited22 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Webster v. LutherSupreme Court of the United States · 1896
- Kreamer v. EarlCalifornia Supreme Court · 1891
- Nevada Sierra Oil Co. v. Home Oil Co.U.S. Circuit Court for the District of Southern California · 1899
- Lamb v. DavenportSupreme Court of the United States · 1873
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3Cited by8 opinions
- Hogston v. BellIndiana Supreme Court · 1916
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- Phoenix Mutual Life Insurance v. BrainardMontana Supreme Court · 1928
- Dallas v. DouglasMontana Supreme Court · 1912
- Berridge v. GaylordSupreme Court of Kansas · 1920
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