Piper v. Murray
Montana Supreme Court
Appeal from. District Court, Park County; Frank Henry, Judge. Action by W. E. Piper and Ernest F. Piper, copartners doing business under the firm name of the Piper Construction Company, against James A. Murray and The Monida Trust. Judgment for plaintiffs, and defendants appeal from it and an order denying them a new trial. The complaint does not state facts sufficient to constitute a cause of action.
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Appeal from. District Court, Park County; Frank Henry, Judge. Action by W. E. Piper and Ernest F. Piper, copartners doing business under the firm name of the Piper Construction Company, against James A. Murray and The Monida Trust. Judgment for plaintiffs, and defendants appeal from it and an order denying them a new trial. The complaint does not state facts sufficient to constitute a cause of action. The production of the architects’ final certificate was a condition precedent in the contract relied upon by plaintiffs, and it was necessary for plaintiffs to allege and prove its production,…
1Opinion of the CourtJustice Smith
This action was begun in Park county to recover the sum of $1,694.37, balance alleged to be due for material furnished and *236labor performed upon the Hunters Hot Springs hotel and natatorium, under a written contract with the defendant Murray, acting ,as agent for the defendant, The Monida Trust, a corporation. The cause was tried to the district court, sitting with a jury. A verdict for $1,200 was rendered in favor of the plaintiffs. From a judgment in the amount of the verdict and an order denying a new trial, the defendants have appealed.
The complaint, after setting forth the contract…
2Cases cited12 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Michaelis v. WolfIllinois Supreme Court · 1891
- Wortman v. KleinschmidtMontana Supreme Court · 1892
- McGlauflin v. WormserMontana Supreme Court · 1903
- Bentley v. DavidsonWisconsin Supreme Court · 1889
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3Cited by4 opinions
- Blecick v. School District No. 18 of Cochise CountyCourt of Appeals of Arizona · 1965
- Roberts v. SinnottMontana Supreme Court · 1918
- State v. ArnoldMontana Supreme Court · 1929
- Gillespie Land & Irrigation Co. v. HamiltonArizona Supreme Court · 1934