Brophy v. Idaho Produce & Provision Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by P. ,T. Bropliv, doing business as P . J. Brophy & Co., against the Id alio Produce & Provision Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The proposal of defendant was not accepted by plaintiff, and the letter from plaintiff, dated September 14, 1901, was a rejection of defendant’s offer.
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Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by P. ,T. Bropliv, doing business as P . J. Brophy & Co., against the Id alio Produce & Provision Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. The proposal of defendant was not accepted by plaintiff, and the letter from plaintiff, dated September 14, 1901, was a rejection of defendant’s offer. (Clark on Contracts, Hornbook Series, par. 19, pp. 36, 37, 38, 39; Clark on Contracts, par. 27, pp. 52, 53, 54; Brown on the Statute of Frauds, Sec. 371; 21 Am. and Eng. Ency.,…
1Opinion of the Court
ME. COMMISSIONER OLAYBEEG
prepared the following opinion for the court:
This is an appeal by defendant from a judgment in favor of plaintiff and from an order overruling a motion for a new trial.
P. J. Brophy was doing business under the name of P. J. Brophy & Oo. The defendant was a corporation. The contro*283versy arose over an alleged contract for the sale and delivery of ten carloads of potatoes, the plaintiff asserting snch sale and a non-delivery. The defendant admits making an offer of sale to plaintiff, and claims that the same was not accepted. The value of the properly involved in the…
2Cases cited3 opinions
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