Price v. Stipek
Montana Supreme Court
Appeal from. District Court, Dawson County; C. U. Loud, Judge. Action by Milbert F. Price and another, copartners doing business as the Puritan Manufacturing Company, against 3. 3. Stipek. From a judgment for defendant, on demurrer to the complaint, plaintiffs appeal. Cause submitted on briefs of counsel.
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Appeal from. District Court, Dawson County; C. U. Loud, Judge. Action by Milbert F. Price and another, copartners doing business as the Puritan Manufacturing Company, against 3. 3. Stipek. From a judgment for defendant, on demurrer to the complaint, plaintiffs appeal. Cause submitted on briefs of counsel. Section 5017 of the Revised Codes reads as follows: “The following contracts are invalid unless the same or some note or memorandum thereof be in writing and subscribed by the party to be charged or his agent,” etc. What would be a note or memorandum of a contract? The statute offers no…
1Opinion of the CourtJustice Holloway
The complaint in this action alleges: ‘ ‘ That on July 17, 1905, at defendant’s place of business at said city of'Glendive, plain*429tiff’s traveling agent solicited and defendant gave his order, written upon plaintiffs’ regular form, for certain articles of jewelry of the value of three hundred eighty ($380) dollars, íí * * an(j then and there made and executed, subject to plaintiff’s approval and acceptance, a certain memorandum of sale of said articles of jewelry, * * * a copy of which memorandum of sale is hereto attached and annexed and marked ‘Exhibit A,’ and is hereof made a part.” It is…
2Cases cited1 opinion
- Thomson v. GortnerCourt of Appeals of Maryland · 1891
3Cited by27 opinions
- State v. LaundyOregon Supreme Court · 1922
- Rowe v. City of PocatelloIdaho Supreme Court · 1950
- State of Oregon v. DeweyOregon Supreme Court · 1956
- Gray v. City of BillingsMontana Supreme Court · 1984
- State of Oregon v. ElliottOregon Supreme Court · 1954
22 more not listed; retrieve them via the Exa API.