Legal Opinion

Gauss v. Trump

Montana Supreme Court

Decided October 11, 1913No. 3,275PublishedCited by 19 opinions

Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by John Gauss against Louise C. Tramp, as administratrix with will annexed of Olive Ahrens, deceased. From a judgment for plaintiff, defendant appeals.

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Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by John Gauss against Louise C. Tramp, as administratrix with will annexed of Olive Ahrens, deceased. From a judgment for plaintiff, defendant appeals. By the provisions of section 7532, Revised Codes, the presentation of a claim against the estate is a condition precedent to the maintenance of the action; and by section 7525 a presentation of it within the time limited in the notice is a prerequisite to recovery. The sections of the statutes above and the decisions of this court with reference to necessary…

1Opinion of the CourtJustice Sanner

The complaint of respondent alleges in substance that about May 15, 1906, he entered into an oral contract with Olive Ahrens, *96now deceased, in and by which it was agreed that he should perform work and labor in the care and management of her ranch during her lifetime in consideration that she should furnish him food, clothing, and other necessaries of life and that she should devise her said ranch property to him at her death; that he thereupon entered upon the duties thus imposed upon him and continued to discharge them until her death on December 14, 1910, and fully performed the contract…

2Cases cited6 opinions

  1. Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
  2. Burns v. SmithMontana Supreme Court · 1898
  3. County of Silver Bow v. DaviesMontana Supreme Court · 1910
  4. Wise v. HoganCalifornia Supreme Court · 1888
  5. Ridpath v. HellerMontana Supreme Court · 1913

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Johnson v. JohnsonMontana Supreme Court · 1932
  2. Branch v. LambertOregon Supreme Court · 1922
  3. Smith v. SmithMontana Supreme Court · 1921
  4. Grant v. NihillMontana Supreme Court · 1922
  5. Marcellus v. WrightMontana Supreme Court · 1923

14 more not listed; retrieve them via the Exa API.

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