Schultz v. O'Rourke
Montana Supreme Court
Appeal from, Second Judicial District, Silver Dow Cownty. ActioN on contract. Judgment was rendered for the plaintiff below by Speer, J. Statement of the case by the .justice delivering the opinion. The plaintiff brought this action to recover $2,500, alleged to be due by the defendant under the terms of a contract entered into between plaintiff and defendant, and to recover one-fourth of the profits under the contract referred to.
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Appeal from, Second Judicial District, Silver Dow Cownty. ActioN on contract. Judgment was rendered for the plaintiff below by Speer, J. Statement of the case by the .justice delivering the opinion. The plaintiff brought this action to recover $2,500, alleged to be due by the defendant under the terms of a contract entered into between plaintiff and defendant, and to recover one-fourth of the profits under the contract referred to. The agreement between the parties was dated March 29, 1892, and after the more formal recitals continued as follows : ‘£ W itnesseth, that the said party of the…
1Opinion of the CourtHunt, J.
The plaintiff is seeking to enforce the provisions of the agreement entered into between heiself and the defendant, O’Rourke, and, being dissatisfied, sues to avail herself of the right given to her under the contract to have the purchase price of $2,500 refunded to her, together with a sum equal to one-fourth of the profits of the business during the period of one year. The district court was of opinion that plaintiff had made out her case, and gave her a judgment. We will briefly notice the errors relied on by appellant, defendant.
The defendant objects to the testimony and findings to the…
Also in this document: Concurrence.
2Cases cited10 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Holmes v. HolmesNew York Supreme Court · 1851
- Mayo v. . KnowltonNew York Court of Appeals · 1892
- Thayer v. MeekerIllinois Supreme Court · 1877
- Holmes v. . HolmesNew York Court of Appeals · 1854
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3Cited by9 opinions
- Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
- Allen v. ChatfieldCalifornia Supreme Court · 1916
- O'Keefe v. DyerMontana Supreme Court · 1898
- Latimer v. PiperMichigan Supreme Court · 1933
- Ashley v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.