Hirbour v. Reeding
Montana Supreme Court
Appeal from Second District, Deer Lodge County. Knowles, J., sustained the demurrer to the complaint. Ifir-bour declined to amend the same and judgment was entered for Reeding and Gassert, the defendants. ' The Statute of Frauds has no application to a contract of the character of the one in suit, and if it did, the part performance to the extent of the performance carries it out.
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Appeal from Second District, Deer Lodge County. Knowles, J., sustained the demurrer to the complaint. Ifir-bour declined to amend the same and judgment was entered for Reeding and Gassert, the defendants. ' The Statute of Frauds has no application to a contract of the character of the one in suit, and if it did, the part performance to the extent of the performance carries it out. Core v. Mc-Brayer, 18 Gal.'582; Skillman v. Lachman, 23 id. 198; Duryea v. Burt, 28 id. 577, Setiembre y. Putnam, 30 id. 490 ; Boucher y. Mulmerhill, 1 Mon. 306; Story on Part. 127-129; Sts. U. S. on Mineral Lands;…
1Opinion of the CourtBlare, J.
The action of the court below in sustaining the demurrer of the respondents to the complaint of the appellant is before us for review. The following facts appear in the complaint and must be taken as true upon this hearing. Hirbour, the appellant, and Needing and Gassert, the respondents, entered into a verbal contract of copartnership in April, 1873, at Eocker City in this Territory, “ for the purpose of prospecting for, locating, recording, pre-empting, developing and mining quartz lodes and other mining property in Montana Territory.55 Each party was to have an undivided third interest in…
2Cases cited9 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Miller v. . BallNew York Court of Appeals · 1876
- Traphagen v. . BurtNew York Court of Appeals · 1876
- Settembre v. PutnamCalifornia Supreme Court · 1866
- Holmes v. McCrayIndiana Supreme Court · 1875
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3Cited by18 opinions
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Floyd v. DuffyWest Virginia Supreme Court · 1910
- Morrow v. MatthewIdaho Supreme Court · 1904
- Shea v. NilimaCourt of Appeals for the Ninth Circuit · 1904
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