Legal Opinion

Whitelaw v. Vallance

Montana Supreme Court

Decided May 23, 1921No. 4,374PublishedCited by 7 opinions

Appeals from District Court, BavalU County; B. Lee Mc-Culloch, Judge. Action by Paul "Whitelaw against John B. Yallance and another. From a judgment for plaintiff and from the order denying defendants’ motion for new trial, defendants appeal. The complaint fails to state the time of performance, or that the alleged contract was to have been performed within a reasonable time or upon request, and that such reasonable time had elapsed or such request had been made.

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Appeals from District Court, BavalU County; B. Lee Mc-Culloch, Judge. Action by Paul "Whitelaw against John B. Yallance and another. From a judgment for plaintiff and from the order denying defendants’ motion for new trial, defendants appeal. The complaint fails to state the time of performance, or that the alleged contract was to have been performed within a reasonable time or upon request, and that such reasonable time had elapsed or such request had been made. The omission of all these material and essential allegations was fatal and the demurrers should have been sustained. (9 Cyc. 725;…

1Opinion of the Court

MR. CHIEF COMMISSIONER POORMAN

prepared the opinion for the court.

Appeal by defendant from a judgment in favor of plaintiff entered on a directed verdict, and from the defendants’ motion for a new trial.

The plaintiff alleges that “on or about the 14th of October, 1916, the plaintiff and defendants mutually agreed that the defendants should deliver to the plaintiff two carloads of potatoes, about 800 sacks and 100,000 pounds, same to be free from frost, and that the plaintiff should pay therefor on delivery the sum of $1.30 per hundredweight”; that on or about the 1st of November, 1916,…

Also in this document: Per curiam.

2Cases cited9 opinions

  1. Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
  2. Root v. Butte, Anaconda & Pacific Railway Co.Montana Supreme Court · 1897
  3. Carlson v. Stone-Ordean-Wells Co.Montana Supreme Court · 1910
  4. O'Brien v. QuinnMontana Supreme Court · 1907
  5. Johnson v. GilmoreSouth Dakota Supreme Court · 1894

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Keller v. SmithMontana Supreme Court · 1976
  2. Green v. WolffMontana Supreme Court · 1962
  3. Rickards v. Aultman & Taylor Machinery Co.Montana Supreme Court · 1922
  4. Evankovich v. Howard Pierce, Inc.Montana Supreme Court · 1932
  5. Henry Pratt Co. v. Stoody Co.District Court, S.D. California · 1954

2 more not listed; retrieve them via the Exa API.

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