Best Manufacturing Co. v. Hutton
Montana Supreme Court
Appeal from District Court, Madison County; J. B. Poindexter, Judge. Action by the Best Manufacturing Company against H. F. Hutton. Plaintiff appeals from the judgment in favor of defendant and from an order denying its motion for a new trial. submitted a brief, and one in reply to that of respondent, and argued the cause orally.
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Appeal from District Court, Madison County; J. B. Poindexter, Judge. Action by the Best Manufacturing Company against H. F. Hutton. Plaintiff appeals from the judgment in favor of defendant and from an order denying its motion for a new trial. submitted a brief, and one in reply to that of respondent, and argued the cause orally. The failure to give the stipulated notice to appellant at its home office by registered letter was an acceptance of the freighting outfit,, and a waiver of all claims for damages under the warranty, and this condition could not be met or waived by any notice, to…
1Opinion of the CourtJustice Sanner
The complaint in this action declares upon three promissory notes executed and delivered by the defendant (respondent here) to the plaintiff (appellant here) for the aggregate sum' of $4,800, besides interest and attorneys’ fees. The answer, admitting the execution and delivery of the notes, alleges that they were given on account of the purchase price of a certain outfit consisting of a traction engine and two steel wagons, bought by the defendant for the purpose of hauling freight, and sold by the plaintiff under the warranties that such outfit would be fit and suitable for such purpose and…
2Cases cited16 opinions
- State ex rel. Cohn v. District CourtMontana Supreme Court · 1909
- Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
- Nichols-Shepard Co. v. RhoadmanMissouri Court of Appeals · 1905
- Wortman v. Montana Central Railway Co.Montana Supreme Court · 1899
- Collins v. Metropolitan Life InsuranceMontana Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Frisbee v. CoburnMontana Supreme Court · 1935
- Alley v. Butte & Western Mining Co.Montana Supreme Court · 1926
- McConnell v. BlackleyMontana Supreme Court · 1923
- Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
- Thielbar Realties, Inc. v. National Union Fire InsuranceMontana Supreme Court · 1932
15 more not listed; retrieve them via the Exa API.