Finlen v. Heinze
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Miles Finlen against F. Augustus Heinze and others. From an adverse decree on a counterclaim and from an order overruling his motion for a new trial, plaintiff appeals. Mr. Chief Justice Brantly dissenting. The facts are too indefinite to justify specific performance. In all cases of specific performance, the evidence must be clear, conclusive, and satisfactory.
Read the full summary
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by Miles Finlen against F. Augustus Heinze and others. From an adverse decree on a counterclaim and from an order overruling his motion for a new trial, plaintiff appeals. Mr. Chief Justice Brantly dissenting. The facts are too indefinite to justify specific performance. In all cases of specific performance, the evidence must be clear, conclusive, and satisfactory. (22 Ency. of PI. & Pr. 1075; Boggs v. Bodkin, 32 W. Ya. 566, 9 S. E. 891; Cut-singer v. Ballard, 115 Ind. 93, 17 N. E. 206; Purcell v. Miner, 4 Wall.…
1Opinion of the CourtJustice Holloway
Upon the former appeal in this case (Finlen v. Heinze, 28 Mont. 548, 73 Pac. 123) a sufficiently explicit statement of facts was made, to which reference is now had, and a repetition of the whole avoided. It will be sufficient in this instance to say that in 1898 plaintiff, Finlen, held certain leases and bonds upon the interests of John Devlin, Mrs. Devlin, Mrs. Eeilly, and Mrs. Kelly in the Minnie Healy lode mining claim, and had options to purchase those interests at any time on or before February 3, 1900, upon the payment of $100,000; that in December, 1898, F. Augustus Heinze, hereafter…
2Cases cited23 opinions
- Crawford v. NealSupreme Court of the United States · 1892
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Bigler v. BakerNebraska Supreme Court · 1894
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
18 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Central Montana Stockyards v. FraserMontana Supreme Court · 1957
- Pope v. AlexanderMontana Supreme Court · 1907
- Streicher v. MurrayMontana Supreme Court · 1907
67 more not listed; retrieve them via the Exa API.