Lerch v. Missoula Brick & Tile Co.
Montana Supreme Court
Appeal from District Court, Missoula County; F. C. Webster, Judge. Aotion by Anton Lereh and another against the Missoula Brick and Tile Company. From a judgment for defendant rendered on sustaining a general demurrer to the complaint, plaintiffs appeal. submitted a brief, and submitted oral argument. “In construing a statute effect must, if possible, be given to all its language, i. e., to every word.”
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Appeal from District Court, Missoula County; F. C. Webster, Judge. Aotion by Anton Lereh and another against the Missoula Brick and Tile Company. From a judgment for defendant rendered on sustaining a general demurrer to the complaint, plaintiffs appeal. submitted a brief, and submitted oral argument. “In construing a statute effect must, if possible, be given to all its language, i. e., to every word.” (State v. Cave, 20 Mont. 468, 52 Pac. 200; Home B. <&' L. Assn. v. Nolan, 21 Mont. 207, 53 Pac. 738; State v. Montello Salt Co., 34 Utah, 458, 98 Pae. 549.) With the wisdom, policy or…
1Opinion of the Court
Mil. JUSTICE SMITH
delivered the opinion of the court.
On the thirtieth day of November, 1909, the parties hereto entered into a written contract, wherein the plaintiffs leased to the defendant a tract of land in Missoula county for a term of ninety-nine years, at an annual rental of $300. It appears from the lease that the lands so let are part of a larger tract owned by the plaintiffs. We quote certain portions of the agreement: “The lessors agree that the lessee may take within the boundaries of the land described all such clay, earth, and other material as it shall desire for the purpose of…
2Cases cited11 opinions
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Tonnele v. . HallNew York Court of Appeals · 1850
- Massachusetts National Bank v. ShinnNew York Court of Appeals · 1900
- City of Evansville v. SummersIndiana Supreme Court · 1886
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3Cited by26 opinions
- State v. SmithMontana Supreme Court · 1920
- State Ex Rel. Federal Land Bank of Spokane v. HaysMontana Supreme Court · 1929
- State v. BowkerMontana Supreme Court · 1922
- Iowa Arboretum, Inc. v. Iowa 4-H FoundationSupreme Court of Iowa · 2016
- Fletcher v. PaigeMontana Supreme Court · 1950
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