Breidenbach v. Upper Valley Orchards Co.
Montana Supreme Court
Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by J. A. Breidenbach and another, as copartners doing business under the firm name of Breidenbach Brothers, against the Upper Valley Orchards Company. From judgment for plaintiffs and order denying new trial, the defendant appeals. The defendant Upper Valley Orchards Company’s motion for nonsuit should have been sustained.
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Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by J. A. Breidenbach and another, as copartners doing business under the firm name of Breidenbach Brothers, against the Upper Valley Orchards Company. From judgment for plaintiffs and order denying new trial, the defendant appeals. The defendant Upper Valley Orchards Company’s motion for nonsuit should have been sustained. There is a variance, amounting to a total failure of proof, between the allegations of the complaint and the evidence adduced on the trial, and this is true whether the promise of the Upper Valley…
1Opinion of the CourtJustice Holloway
This action was brought by Breidenbach Bros., copartners, against the Upper Valley Orchards Company and Peter Ivanhoff, to recover $1,150.50 and to establish and foreclose a materialman’s lien. The trial court denied the plaintiffs the right to a lien, but rendered a personal judgment against both defexxdants -for $1,032 and costs. From that judgment and from an order denying it a new trial, the defendant Orchards Company appealed.
*250It is alleged in the complaint that between October 19 and November 20, 1914, plaintiffs sold and delivered to defendants goods, wares and merchandise (dynamite,…
2Cases cited2 opinions
- McGowan Commercial Co. v. Midland Coal & Lumber Co.Montana Supreme Court · 1910
- Fortman v. LeggeriniMontana Supreme Court · 1915
3Cited by3 opinions
- Fergus County Hardware Co. v. CrowleyMontana Supreme Court · 1920
- Mutch & Young v. PowersMontana Supreme Court · 1922
- McMillan v. Dickover.Oregon Supreme Court · 1926