O'Keefe v. Dyer
Montana Supreme Court
Apveal from, District Court, Lewis and Clarice County; 11. U. Blake, Judge. Action by William O’Keefe against .William Dyer and others to recover on a bond. From a judgment in favor of defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Apveal from, District Court, Lewis and Clarice County; 11. U. Blake, Judge. Action by William O’Keefe against .William Dyer and others to recover on a bond. From a judgment in favor of defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. This action was brought to recover the sum named in a certain written contract, dated November 1, 1892, executed by defendant Dyer as principal, and by the other defendants as sureties, by the terms of which the defendants aclmowleged themselves bound to plaintiff for $1,000, the condition being: “Whereas, the…
1Opinion of the CourtPigott, J.
1. The second assignment of erroi is directed to the finding that plaintiff suffered nominal damages only by reason of the breach of the condition of the bond, plaintiff asserting that the pleadings and proof show the breach to have been substantial,' and that no title whatever was offered to him. The fourth assignment is that the court erred in finding, as a conclusion of law, that the sum named in the contract is a penalty, and not liquidated damages. These assignments will be considered together.
If, as defendants claim and the trial court found, the sum named in the bond is a penalty,…
2Cases cited5 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Carman v. . PultzNew York Court of Appeals · 1860
- Noyes v. . PhillipsNew York Court of Appeals · 1875
- Schultz v. O'RourkeMontana Supreme Court · 1896
- Turck v. Marshall Silver Mining Co.Supreme Court of Colorado · 1884
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- Myers v. BenderMontana Supreme Court · 1913
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