Mayger v. Cruse
Montana Supreme Court
Appeal from Third District, Lewis and Clarke County. The appellant respectfully submits the following proposition as conclusive of the issues involved in this case: The complaint sets out a contract between the parties, which is presumed to be in writing, is not immoral or contraiy to public policy, and is not impeached on account of fraud, misrepresentation or mistake.
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Appeal from Third District, Lewis and Clarke County. The appellant respectfully submits the following proposition as conclusive of the issues involved in this case: The complaint sets out a contract between the parties, which is presumed to be in writing, is not immoral or contraiy to public policy, and is not impeached on account of fraud, misrepresentation or mistake. In such case the court will not annul the contract or make a different one for the parties, but will enforce the one made, in the absence of a plea and proof that it would be unconscionable so to do. This is an action in…
1Opinion of the CourtGalbraith, J.
This is an appeal from a judgment rendered in consequence of an order sustaining a demurrer to the complaint. The action is to compel the specific performance of an alleged contract. The allegations of the complaint are in substance as follows, viz.:
“That on the 3d day of May, 1819, the defendant, Thomas Cruse, was the owner of, and, as such, in the *492actual possession and occupation of a certain quartz mining claim, situate in Ottowa mining district, in the county of Lewis and Clarke, Montana territory, known as the Pine Tree or Bon Mation lode; a description of the property is given. That the…
2Cases cited8 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Agard v. ValenciaCalifornia Supreme Court · 1870
- Joseph v. HoltCalifornia Supreme Court · 1869
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Sweetland v. BarrettMontana Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Finlen v. HeinzeMontana Supreme Court · 1903
- Hefferlin v. KarlmanMontana Supreme Court · 1903
- Johnson v. ElliotMontana Supreme Court · 1950
- Blankenship v. DeckerMontana Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.