Logan v. Billings & Northern R.
Montana Supreme Court
Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by A. C. Logan against the Billings and Northern Railroad Company and others. From a judgment for plaintiff against defendant A. Guthrie & Co. alone, it appeals. The contract alleged in the first cause of action and sought to be recovered upon was a joint contract of plaintiff with all three of the defendants.
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Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by A. C. Logan against the Billings and Northern Railroad Company and others. From a judgment for plaintiff against defendant A. Guthrie & Co. alone, it appeals. The contract alleged in the first cause of action and sought to be recovered upon was a joint contract of plaintiff with all three of the defendants. The contract disclosed by the evidence and recovered upon was a-separate contract of plaintiff with one of the defendants only. This variance amounted to a failure of proof. (Newell v. Nicholson, 17 Mont. 393, 43…
1Opinion of the CourtChief Justice Brantly
The complaint herein alleges two causes of action—the first, to foreclose a lien upon certain lumber, alleged to belong to the defendants, for the sum of $1,123, claimed to be due plaintiff for the sawing of said lumber under a contract with defendants; the seeond, to recover the sum of $168, the value of lumber sold to defendants. The answer denies generally all the allegations contained in both causes of action, and then pleads certain af*469firmative matters in avoidance, upon which there is issue by reply. At the opening of the trial, the defendants objected to the introduction of any…
2Cases cited9 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Donovan v. McDevittMontana Supreme Court · 1907
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- McIntosh v. . EnsignNew York Court of Appeals · 1863
- Goodrich Lumber Co. v. DavieMontana Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Meredith v. RomanMontana Supreme Court · 1914
- Chealey v. PurdyMontana Supreme Court · 1918
- State v. BrantinghamMontana Supreme Court · 1923
- Verlinda v. Stone & Webster Engineering Corp.Montana Supreme Court · 1911
- Lee v. HaydenMontana Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.