Kinna & Ming v. Woolfolk
Montana Supreme Court
Appeal from Lewis and Clarke County, Third District. There is practically but one question presented by the record in this case, and that is as to the consideration for the agreement sued upon and set forth in the complaint.
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Appeal from Lewis and Clarke County, Third District. There is practically but one question presented by the record in this case, and that is as to the consideration for the agreement sued upon and set forth in the complaint. Is there a sufficient consideration shown to support the contract, or is it a mere nudum pactum? This case has once before occupied the attention of this court (see 3 Mont. 380), and this identical contract was then subjected to judicial consideration and interpretation. It would be a little singular, to say the least of it, if this contract was in fact without…
1Opinion of the CourtWade, C. J.
This is an appeal from a judgment of non-suit. The complaint alleges that on the 16th day of September, 1874, the plaintiffs and defendant entered into a contract in writing, as follows:
“ Helena, September 16, 1874:
“Whereas, John Kinna and John H. Ming have this day joined with me in borrowing the sum of ($2,572.10) twenty-five hundred and seventy-two and Wo dollars for the purpose of paying R. S. Hale the balance of eight thousand dollars due him under private agreement with said Ming, Kinna and Woolfolk, in order for their release from certain notes executed by them to said Hale as security…
2Cases cited1 opinion
- Ming v. WoolfolkMontana Supreme Court · 1879
3Cited by1 opinion
- Stout v. ReiterMontana Supreme Court · 1979