Suburban Homes Co. v. North
Montana Supreme Court
Appeal from District Court, Yelloiostone County; Geo. W. Pierson, Judge. Action by the Suburban Homes Company against Austin North and wife. Prom a judgment for plaintiff, defendants appeal. Cause submitted on briefs of counsel. The complaint failed to allege a tender or offer to pay the defendants the moneys which they had paid on the contract and return to the defendants the interest paid by them, about $5,870, which was paid on deferred payments.
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Appeal from District Court, Yelloiostone County; Geo. W. Pierson, Judge. Action by the Suburban Homes Company against Austin North and wife. Prom a judgment for plaintiff, defendants appeal. Cause submitted on briefs of counsel. The complaint failed to allege a tender or offer to pay the defendants the moneys which they had paid on the contract and return to the defendants the interest paid by them, about $5,870, which was paid on deferred payments. This action being one to forfeit or rescind the contract, it comes within the provisions of subdivision 2 of section 5065 of the Revised Codes.…
1Opinion of the CourtChief Justice Brantly
On March 17, 1905, the plaintiff and the defendant Austin North entered into a contract under the terms of which the plaintiff agreed to sell to this defendant a number of blocks and lots situated in the city of Billings and Foster’s addition thereto, in Yellowstone county. The consideration for the contract was the sum of $25,000, to be paid by North in installments as follows : $1,000 in cash upon the execution of the contract, $5,000 on March 17, 1907, a like sum on March 17, 1908, and the balance of $10,000 on March 17, 1909, with interest on any installment not paid when it should become…
2Cases cited17 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Moore v. GieseckeTexas Supreme Court · 1890
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Fratt v. Daniels-Jones Co.Montana Supreme Court · 1913
- Walker v. McMurchieWashington Supreme Court · 1911
12 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Realty Securities Corporation v. JohnsonSupreme Court of Florida · 1927
- Milwaukee Land Co. v. RuesinkMontana Supreme Court · 1915
- Stockmen's Supply Co. v. JenneIdaho Supreme Court · 1951
- Friedrichsen v. CobbMontana Supreme Court · 1929
36 more not listed; retrieve them via the Exa API.