Kelly v. Ellis
Montana Supreme Court
Appeal from District Court, Sweet Grass County; Frank Henry, Judge. Action by J. N. Kelly against W. Dixon Ellis and the Briggs & Ellis Company. From a judgment for defendants, plaintiff appeals. That the defendants willfully deceived the plaintiff with reference to his appointment as manager, with the intent to induce him to alter his position, to his injury seems clear. If so, they are liable for any damage which he thereby suffered.
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Appeal from District Court, Sweet Grass County; Frank Henry, Judge. Action by J. N. Kelly against W. Dixon Ellis and the Briggs & Ellis Company. From a judgment for defendants, plaintiff appeals. That the defendants willfully deceived the plaintiff with reference to his appointment as manager, with the intent to induce him to alter his position, to his injury seems clear. If so, they are liable for any damage which he thereby suffered. (Rev. Codes, secs. 5072, 5073; Coehrill v. Hall, 65 Cal. 326, 4 Pac. 33; Hoffman v. Kirby, 136 Cal. 26, 68 Pac. 321.) The principle underlying the ease was…
1Opinion of the CourtJustice Holloway
The complaint in this action is quite lengthy, and a sufficient summary of it may be made to fairly present the controversy without setting it forth in full.. It appears from the complaint that the Briggs & Ellis Company is a New Jersey corporation *602engaged in the sheep business in Montana, with its principal place of business in Sweet Grass county; that the defendant Ellis is president,- general manager, and principal stockholder of the company, and had the authority to contract for and on behalf of the company; that a local manager was employed, who resided in Sweet Grass county; that in…
2Cases cited2 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Armington v. StelleMontana Supreme Court · 1902
3Cited by21 opinions
- Continental Oil Co. v. BellMontana Supreme Court · 1933
- Koch v. RhodesMontana Supreme Court · 1920
- Alford v. RowellNew Mexico Supreme Court · 1940
- Locke v. MurdochNew Mexico Supreme Court · 1915
- Leigland v. Rundle Land & Abstract Co.Montana Supreme Court · 1922
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