Kramer v. Schmidt
Montana Supreme Court
Appeals from, District Court, Fergus County, in the Tenth Judicial District; John A. Matthews, Judge of the Fourteenth District, presiding. Action by Emil Kramer against A. J. Schmidt. Judgment for plaintiff. Defendant appeals from the judgment and an order denying his motion for a new trial.
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Appeals from, District Court, Fergus County, in the Tenth Judicial District; John A. Matthews, Judge of the Fourteenth District, presiding. Action by Emil Kramer against A. J. Schmidt. Judgment for plaintiff. Defendant appeals from the judgment and an order denying his motion for a new trial. The following cases hold an agreement of the nature of the one here involved, to be invalid unless there was a note or memorandum thereof signed by the party to be charged: King v. Benson, 22 Mont. 257, 56 Pac. 280; Flinner v. McVay, 37 Mont. 306, 15 Ann. Cas. 1175, 19 L. R. A. (n. s.) 879, 96 Pac. 340;…
1Opinion of the Court
MR. CHIEF JUSTICE' BRANTLY
delivered the opinion of the court.
Action for damages for breach of a contract. It is alleged that in January, 1917, one Julius Bain was the owner of a tract of land situated in the counties of Fergus and Chouteau consisting of 3,600 acres; that he (Bain) had executed and delivered to one James Awberry an option contract for the sale to him of the land at the price of $20 per acre; that on or about February 15, 1917, the defendant agreed with the plaintiff that if plaintiff would procure the assignment of the option contract to defendant by Awberry so that, he could…
2Cases cited12 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Richardson v. HardwickSupreme Court of the United States · 1882
- Crawford v. PierseMontana Supreme Court · 1919
- Benedict v. . PincusNew York Court of Appeals · 1908
- Winslow v. DundomMontana Supreme Court · 1912
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3Cited by6 opinions
- Mundt v. MallonMontana Supreme Court · 1938
- Awbery v. SchmidtMontana Supreme Court · 1922
- O'Neill v. WallMontana Supreme Court · 1936
- Featherman v. KennedyMontana Supreme Court · 1948
- Knight v. ChamberlainUtah Supreme Court · 1957
1 more not listed; retrieve them via the Exa API.