Legal Opinion

Brophy v. Idaho Produce & Provision Co.

Montana Supreme Court

Decided November 10, 1904No. 1,947PublishedCited by 16 opinions

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

  1. Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
  2. Quinnin v. ReimersMichigan Supreme Court · 1881
  3. Washington Ice Co. v. WebsterSupreme Judicial Court of Maine · 1873

3Cited by16 opinions

  1. Lee v. Stockmen's National BankMontana Supreme Court · 1922
  2. Monahan v. AllenMontana Supreme Court · 1913
  3. Helena Adjustment Co. v. ClaflinMontana Supreme Court · 1926
  4. Flynn v. Poindexter & Orr Livestock Co.Montana Supreme Court · 1922
  5. Patterson v. Verizon WirelessMontana Supreme Court · 2005

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