Legal Opinion

Gaffney Mercantile Co. v. Hopkins

Montana Supreme Court

Decided March 21, 1898PublishedCited by 9 opinions

Appeal from District Court, Jefferson County. X. II. Parker, Judge. Action by the Gaffney Mercantile Company against Charles Hopkins to reform a contract. Defendant demurred to the complaint, and his demurrer was sustained. Plaintiff appeals.

1Opinion of the CourtPigott, J.

— The Gaffney Mercantile Company brought this action to reform a certain written contract made between it and Charles Hopkins, and to enjoin him from prosecuting an action commenced by him against it upon the contract. Defendant demurred to the complaint for insufficiency. The court sustained the demurrer, and plaintiff electing to stand upon the complaint, judgment passed for the defendant, from which the plaintiff appeals. Pending the appeal, this court, as authorized by Section 23, Code of Civil Procedure, granted the injunction prayed by the plaintiff.

The single question presented is…

2Cases cited4 opinions

  1. Gamble v. Knott & HollingsworthSupreme Court of Georgia · 1869
  2. Anderson v. . LoganSupreme Court of North Carolina · 1890
  3. Fisher v. BriscoeMontana Supreme Court · 1890
  4. Anderson v. PerkinsMontana Supreme Court · 1890

3Cited by9 opinions

  1. Riddell v. Peck-Williamson Heating & Ventilating Co.Montana Supreme Court · 1902
  2. Ming v. PrattMontana Supreme Court · 1899
  3. Thraves v. GreenleesSupreme Court of Oklahoma · 1914
  4. York v. StewardMontana Supreme Court · 1898
  5. Biering v. RinglingMontana Supreme Court · 1927

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