Littrell v. Wilcox
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action to recover for services rendered. The cause was tried before Jas. P. Lewis, special judge, sitting in place of Benton, J. Plaintiffs had judgment below. Statement of the case prepared by the judge delivering the opinion. The complaint in this action is for work, labor, and services rendered by plaintiffs for defendants, at their request, in drilling a well for defendants to a depth of 230 feet.
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Appeal from Eighth Judicial District, Cascade County. Action to recover for services rendered. The cause was tried before Jas. P. Lewis, special judge, sitting in place of Benton, J. Plaintiffs had judgment below. Statement of the case prepared by the judge delivering the opinion. The complaint in this action is for work, labor, and services rendered by plaintiffs for defendants, at their request, in drilling a well for defendants to a depth of 230 feet. It is alleged that said services were worth the sum of $637.50, and that no part of the same has been paid except $100. The demand for…
1Opinion of the CourtDe Witt, J.
The main controversy in this case is that apparent upon the face of the pleadings, the plaintiffs contending *79for a judgment for work, labor, and services upon a quantum meruit allegation and proof, and the defendants insisting that there was a special contract, which plaintiffs had failed to perform, and hence they could claim nothing.
But other questions are raised, and the best view of the case can be obtained by following appellant’s specification of errors, and treating them in their order.
Hon. C. H. Benton, judge of the district, had been counsel in the case before his elevation to the…
2Cases cited6 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Underhill v. DennisNew York Court of Chancery · 1841
- Heydenfeldt v. TownsSupreme Court of Alabama · 1855
- Thornton v. WilsonSupreme Court of Georgia · 1876
- State ex rel. Veeder v. CollinsWisconsin Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Thiem v. ThomasSupreme Court of New Hampshire · 1979
- State v. NagelOregon Supreme Court · 1948
- Davis v. MerrickNew Mexico Supreme Court · 1959
- Curry v. McCafferyMontana Supreme Court · 1913
- Schofield v. School District No. 113Supreme Court of Kansas · 1919
5 more not listed; retrieve them via the Exa API.