Donovan-McCormick Co. v. Sparr
Montana Supreme Court
Appeal from District Court, Yellowstone County; C. H. Loud, Judge. Action by tbe Donovan-McCormick Company against Charles W. Sparr. From a judgment in favor of defendant, plaintiff appeals. The error in instructions 6, 7, 9, 10 and 11 is that they introduced an issue which was not presented by the pleadings or involved in the case, and the jury were thereby misled to the prejudice of the plaintiff.
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Appeal from District Court, Yellowstone County; C. H. Loud, Judge. Action by tbe Donovan-McCormick Company against Charles W. Sparr. From a judgment in favor of defendant, plaintiff appeals. The error in instructions 6, 7, 9, 10 and 11 is that they introduced an issue which was not presented by the pleadings or involved in the case, and the jury were thereby misled to the prejudice of the plaintiff. It is a well-established principle and rule of procedure that the instructions must be warranted by the pleadings and evidence. Primarily, they must be warranted by the pleadings, because the…
1Opinion of the CourtJustice Holloway
The Donovan-McCormick Company brought this action to recover from the defendant Sparr the sum of $5,049.31, alleged to have been expended by the company for the use and benefit of Sparr and at his special instance and request.
The complaint alleges that T. C. Power, Paul McCormick, A. C. Johnson, and defendant Sparr purchased two hundred shares of the capital stock of the plaintiff company from W. H. Donovan for $20,197.23; that such stock was transferred to Paul McCormick, trustee, to be held for the parties named, in the following proportions: Power, fifty-six and one-quarter shares;…
2Cases cited11 opinions
- Kipp v. SilvermanMontana Supreme Court · 1901
- People v. LevisonCalifornia Supreme Court · 1860
- Gallick v. BordeauxMontana Supreme Court · 1899
- State v. JonesMontana Supreme Court · 1905
- Stuht v. SweesyNebraska Supreme Court · 1896
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3Cited by6 opinions
- Haley v. McDermottMontana Supreme Court · 1911
- Kennedy v. ConradMontana Supreme Court · 1932
- Currie v. LangstonMontana Supreme Court · 1932
- Killeen v. Barnes-King Development Co.Montana Supreme Court · 1912
- Bennighoff v. RobbinsMontana Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.