Swenson v. Kleinschmidt
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. The cause was tried before Durfee, J. Plaintiff had judgment below. Thé contract under which plaintiff cut the wood was one of hire of the services of plaintiff and others engaged with him. The wood belonged to the Butte Manufacturing Company as cut, and the plaintiff cannot recover for it.
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Appeal from Third Judicial District, Deer Lodge County. The cause was tried before Durfee, J. Plaintiff had judgment below. Thé contract under which plaintiff cut the wood was one of hire of the services of plaintiff and others engaged with him. The wood belonged to the Butte Manufacturing Company as cut, and the plaintiff cannot recover for it. (See 2 Parsons on Contracts [5th ed.], p. 54; Benjamin on the Law of Sales, §§ 94-98, 101, 104, 156-159, and n. y, Higgins v. Murray, 73 N. Y. 254.) If the contract was not one for the sale of goods —personal property — it was one of work and labor,…
1Opinion of the CourtHarwood, J.
Action for damages for taking and conversion of personal property.
The plaintiff for cause of action avers that on June 1, 1887, he possessed and owned 250 cords of wood of the value of $287.50; that between said date and October 20, 1887, defendants unlawfully took and conveyed away said wood and converted the same to their use, to plaintiff’s damage in said sum, *475for which judgment is demanded, with interest at ten per cent per annum from the time of such alleged taking.
Defendants made answer denying the allegations of the complaint; and further alleged as new matter of defense or…
2Cases cited1 opinion
- Mauldin v. BallMontana Supreme Court · 1883
3Cited by7 opinions
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- Reynolds v. FitzpatrickMontana Supreme Court · 1899
- Potter v. LohseMontana Supreme Court · 1904
- Savage v. Phœnix InsuranceMontana Supreme Court · 1892
- Dayton Brass Castings Co. v. GilliganDistrict Court, S.D. Ohio · 1920
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