Riddell v. Peck-Williamson Heating & Ventilating Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; F. K. Armstrong, Judge. Action by J. A. Riddell and another against the Peck-Williamson Heating & Ventilating Company. Erom a judgment for plaintiffs, defendant appeals. The covenants went to the whole consideration on both sides. They were mutual conditions the one precedent to the other.
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Appeal from District Court, Gallatin County; F. K. Armstrong, Judge. Action by J. A. Riddell and another against the Peck-Williamson Heating & Ventilating Company. Erom a judgment for plaintiffs, defendant appeals. The covenants went to the whole consideration on both sides. They were mutual conditions the one precedent to the other. (Lowier v. Bangs, 2 Wallace, 128, Opin. 736; Hutchimson v. Wetmore, 2 Cal. 310-312; Ernst v. Currújtvtngs et al., 55 Cal. 179.) The consideration is single and entire, although the subject of the contract may consist of several distinct and wholly independent…
1Opinion of the CourtJustice Pigott
• This action was brought on a contract to recover judgment for $9,312.96, besides interest. The plaintiffs recovered a judgment for $9,743.67, with costs. From it and an order refusing a new trial, the defendant prosecutes these appeals.
*54■Riddell and Suiter were eo-partners. Suiter, in bis own name, but for tbe benefit of the firm, on August 5, 1895, entered into a contract with the executive board of the state agricultural college for the erection by him of ceidain buildings. Thereafter the defendant (a corporation) and the executive board miada a contract by which the defendant agreed to…
2Cases cited8 opinions
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Armington v. StelleMontana Supreme Court · 1902
- Oliver v. HeilWisconsin Supreme Court · 1897
- Franklin v. SchultzMontana Supreme Court · 1899
- Isaacs v. McAndrewMontana Supreme Court · 1872
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- Clarke v. JohnsonNevada Supreme Court · 1920
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