Ramsdell v. Clark
Montana Supreme Court
Appeal from District Court, Silver Bow County. John J. Mediation, Judge. Action by Joseph Ramsdell, in bis own right and as administrator of the estate of Clarissa Ramsdell, deceased, against William A. Clark. Verdict for plaintiff. From an order granting a new trial, defendant appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Silver Bow County. John J. Mediation, Judge. Action by Joseph Ramsdell, in bis own right and as administrator of the estate of Clarissa Ramsdell, deceased, against William A. Clark. Verdict for plaintiff. From an order granting a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. This action was upon a lease entered into between the respondent (plaintiff below) and appellant (defendant below), on October 20, 1887. Under the terms of the lease, defendant was to take possession of a certain mine, situated in Silver Bow county,…
1Opinion of the CourtBuck, J.
The appellant concedes that there was no error in the order of the lower court granting a new trial so far as the second alleged breach of the lease is concerned, because the evidence was conflicting on that branch of the case. He objects however, to the alleged order in so far as it grants a new trial as to the first and third breaches of the lease.
*106Does the complaint contain more than one cause of action ?
We are of the opinion that three separate causes of action are set forth by plaintiff in his complaint. It is true that each is connected with the same contract, but each differs…
2Cases cited8 opinions
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- Krutz v. CraigIndiana Supreme Court · 1876
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3Cited by6 opinions
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