O'Rourke v. Butte Lodge No. 14
Montana Supreme Court
Appeal from the district court, Silver Bow county. William O. Speer, Judge. Statement of the case by the justice delivering the opinion. Action by Thomas O’Rourke, executor of D. L. Harris, deceased, against Butte Lodge, No. 14, Independent Order of Good Templars, and others. Judgment for plaintiff. Defendants appeal. After the commencement of this suit, Harris died, and O’Rourke, the plaintiff in this case, became his executor.
Read the full summary
Appeal from the district court, Silver Bow county. William O. Speer, Judge. Statement of the case by the justice delivering the opinion. Action by Thomas O’Rourke, executor of D. L. Harris, deceased, against Butte Lodge, No. 14, Independent Order of Good Templars, and others. Judgment for plaintiff. Defendants appeal. After the commencement of this suit, Harris died, and O’Rourke, the plaintiff in this case, became his executor. It appears from the record that in July, 1891, defendants Joyner Brothers, a corporation or firm, entered into a contract with the defendant Butte Lodge No. 14, I. O.…
1Opinion of the CourtPemberton, C. J.
We think the evidence in this case was ample to show that Harris was substituted, with the consent of all the parties in interest, for King in the contract by which King was to furnish the brick to construct the building in question by the Joyner Brothers. It is not necessary to treat the evidence upon this issue in detail.
It is not disputed that the defendant lodge still owes the sum of $823.60 for brick used in the construction of the building mentioned in the pleadings. A stipulation in the record concedes this. The. chief contention seems to be as to who is entitled to this money — the…
2Cases cited1 opinion
- American Savings & Loan Ass'n v. BurghardtMontana Supreme Court · 1897