Case v. Kramer
Montana Supreme Court
Appeal from District Court, Dawson County; C. H. Loud, Judge. Action by W. E. Case and another against M. L. Kramer. From an order granting a new trial to plaintiff after verdict and judgment for defendant, he appeals. The contract sued on made by Courtney as an agent for Kramer was in writing. Courtney did not have any written authorization of agency.
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Appeal from District Court, Dawson County; C. H. Loud, Judge. Action by W. E. Case and another against M. L. Kramer. From an order granting a new trial to plaintiff after verdict and judgment for defendant, he appeals. The contract sued on made by Courtney as an agent for Kramer was in writing. Courtney did not have any written authorization of agency. The value of the property involved in the alleged contract is sufficient to bring tbe contract under the provisions of sections 2185 and 2340 of the Civil Code and section 3276 of the Code of Civil Procedure. The contract was one required to be…
1Opinion of the CourtChief Justice Brantly
This action was brought to recover damages for the breach of a written contract, under the terms of which, it is alleged, defendant on November 27,1899, sold to plaintiffs, as copartners, certain cattle and agreed to deliver them at any time from May 1 to 15, 1900, at a designated place in Dawson county. It is alleged by plaintiffs that they negotiated the contract with defendant through one Courtney, defendant’s agent, duly empowered to act in that behalf; that they made a cash payment *146of $5,000 required by its terms, which was received and retained by the defendant; that they were ready and…
2Cases cited12 opinions
- Scheuer v. StateMontana Supreme Court · 1904
- State v. SchnepelMontana Supreme Court · 1900
- State v. LandryMontana Supreme Court · 1903
- Sage v. BurtonNew York Supreme Court · 1895
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Abell v. BishopMontana Supreme Court · 1930
- Bowen v. WebbMontana Supreme Court · 1908
- Fournier v. CoudertMontana Supreme Court · 1906
- State v. AndersonMontana Supreme Court · 1932
- Winnicott v. OrmanMontana Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.