Armington v. Stelle
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. ActioN by J. T. Armingfon, P. M. Collins, Lavina A. Collins and Leonie E. Barker against H. L. Steile and Dan Mc-Kinnon. From an order granting a temporary injunction, defendants appeal. 1. Parol evidence is admissible to> establish a contemporaneous oral agreement which induced the execution of a written contract, although it may change, vary or reform the instrument. (Thomas et al. v. Loose et al., 114 Pa.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. ActioN by J. T. Armingfon, P. M. Collins, Lavina A. Collins and Leonie E. Barker against H. L. Steile and Dan Mc-Kinnon. From an order granting a temporary injunction, defendants appeal. 1. Parol evidence is admissible to> establish a contemporaneous oral agreement which induced the execution of a written contract, although it may change, vary or reform the instrument. (Thomas et al. v. Loose et al., 114 Pa. St. 35, 6 Atl. 326; Cullmans v. Lindsay, 114 Pa. St. 166, 6 Atl. 332; Wallcer v. France, 112 Pa. St. 203, 5 Atl. 208;…
1Opinion of the Court
MR. CHIEF JUSTICE ERANÍTLY
delivered the opinion of the court.
This action -was brought hy plaintiffs to' recover from defendants possession of a portion of the Ripple quartz lode mining claim, situate in Cascade county. The portion of the claim in controversy is described as the “south or southerly 300 feet of the Ripple quartz lode mining claim;” and it is alleged that the defendants, on or about October 10, 1901, the plaintiffs being then the owners and entitled to the possession thereof, wrongfully and unlawfully entered upon the premises, and engaged in mining and-removing valuable ores…
2Cases cited15 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Forsythe v. KimballSupreme Court of the United States · 1876
- Specht v. HowardSupreme Court of the United States · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Continental Oil Co. v. BellMontana Supreme Court · 1933
- Riddell v. Peck-Williamson Heating & Ventilating Co.Montana Supreme Court · 1902
- Kelly v. EllisMontana Supreme Court · 1909
- Alford v. RowellNew Mexico Supreme Court · 1940
- Helena Light & Ry. Co. v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
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