Wagner v. St. Peter's Hospital
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M„ Clements, Judge. Action by Edward Wagner against St. Peter’s Hospital. Erom tbe judgment, defendant appeals. Tbe hospital was identified with Wagner in interest as to tbe subject matter of tbe suit of Streets v. Wagner. Tbe painting work was a part of tbe contract between Wagner and tbe hospital.
Read the full summary
Appeal from District Court, Lewis and Clark County; J. M„ Clements, Judge. Action by Edward Wagner against St. Peter’s Hospital. Erom tbe judgment, defendant appeals. Tbe hospital was identified with Wagner in interest as to tbe subject matter of tbe suit of Streets v. Wagner. Tbe painting work was a part of tbe contract between Wagner and tbe hospital. Tbe question whether or not Streets bad done-bis work according to bis contract with Wagner, and tbe result of tbe trial of that question necessarily determined the-question as to Wagner’s having performed bis principal contract with tbe…
1Opinion of the Court
ME. COMMISSIONER CLAYBERG
prepared the opinion for the court. Appeal from a judgment.
The suit was to recover a balance alleged to be due on a contract for repairing and altering St. Peter’s Hospital, in the city of Helena. The full contract price was $4,748, of which the defendant had paid the sum of $4,348, but refused to pay the balance of $400, because it claimed that plaintiff had failed to fully complete his contract.
Plaintiff alleges that he entered into a subcontract with one Burley R. Streets to do the painting according to the specifications, and under the directions and to the…
2Cases cited7 opinions
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Vreeland v. EllsworthSupreme Court of Iowa · 1887
- Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891
- Kerns v. FlynnMichigan Supreme Court · 1883
- Gilliam v. BlackMontana Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cascade Electric Co. v. Associated Creditors, Inc.Montana Supreme Court · 1950
- Eberle v. DrennanSupreme Court of Oklahoma · 1912