Helena Light & Ry. Co. v. Northern Pacific Ry. Co.
Montana Supreme Court
Appeal from District Court of Lewis and Clark County; B. Lee Word, Judge. Action by tbe Helena Light & Railway Company against the Northern Pacific Railway Company. Judgment for defendant. Plaintiff appeals. The promises in the contract in controversy are mutual and dependent. The plaintiff agreed to furnish power; the defendant agreed to take power.
Read the full summary
Appeal from District Court of Lewis and Clark County; B. Lee Word, Judge. Action by tbe Helena Light & Railway Company against the Northern Pacific Railway Company. Judgment for defendant. Plaintiff appeals. The promises in the contract in controversy are mutual and dependent. The plaintiff agreed to furnish power; the defendant agreed to take power. “The courts at the present day incline strongly against the construction of promises as independent, and in the absence of clear language to the contrary promises which form the consideration for each other will be held to be concurrent or…
1Opinion of the CourtJustice Matthews
The plaintiff instituted this action to recover from the defendant the sum of $1,016.75, alleged to be due for electricity furnished for lights and power during the months of May, June and July of the year 1915, at its special instance and request. The respondent admits the use and consumption of the electricity as alleged, but contends that said electricity was fur*100nislied and was used, under a contract entered into between the parties hereto in the year 1910, under and' by the terms of which the amount due was $494.50, which amount respondent duly tendered to appellant, when due.
The ease was…
2Cases cited49 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
44 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
- Higby v. HooperMontana Supreme Court · 1950
- State Ex Rel. Federal Land Bank of Spokane v. HaysMontana Supreme Court · 1929
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Brown v. American Bank of CommerceNew Mexico Supreme Court · 1968
13 more not listed; retrieve them via the Exa API.