Welch v. Nichols
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Howard K. Welch and another, doing business as Welch & Harrington, against W. H. Nichols and another. There was a verdict and judgment for plaintiffs against defendant W. H. Nichols, and from an order granting Mm a new trial, plaintiffs appeal. Where evidence is conflicting, the jury’s verdict will not be disturbed, unless clearly unsupported by the evidence before them.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Howard K. Welch and another, doing business as Welch & Harrington, against W. H. Nichols and another. There was a verdict and judgment for plaintiffs against defendant W. H. Nichols, and from an order granting Mm a new trial, plaintiffs appeal. Where evidence is conflicting, the jury’s verdict will not be disturbed, unless clearly unsupported by the evidence before them. (Kleinschmidt v. Dunphy, 1 Mont. 124; Frank v. Murray, 7 Mont. 11, 14 Pac. 654; Carrón v. Wood, 10 Mont. 506, 26 Pac. 388.) A new trial will…
1Opinion of the CourtChief Justice Brantlt
This action was brought to recover damages for a breach of contract of sale by plaintiffs to defendants of 5,000 shares of the capital stock of the Butte-Montana Mining Company. It is alleged that on November 13, 1908, the plaintiffs, as copartners doing business as brokers, sold to the defendants, also brokers, upon the floor of the Butte Exchange and under its rules, 4,300 shares at fifty-five cents, and 700 shares at fifty-four cents; that according to the terms of the contract the defendants had the option to demand, pay for, and receive the stock at any time within ten days from the date…
2Cases cited10 opinions
- Murray v. HeinzeMontana Supreme Court · 1895
- State v. SchnepelMontana Supreme Court · 1900
- Hill v. McKayCalifornia Supreme Court · 1892
- Hewes v. Germain Fruit Co.California Supreme Court · 1895
- Sutton v. LowryMontana Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gardiner v. Eclipse Grocery Co.Montana Supreme Court · 1925
- Bank of Commerce v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1920
- Incorporated Town of Sallisaw v. ChappelleSupreme Court of Oklahoma · 1918
- Monson v. La France Copper Co.Montana Supreme Court · 1911
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.