Myers v. Bender
Montana Supreme Court
Appeal from District Court, Custer County; Frank Henry, Judge of the Sixth Judicial District, presiding. Action by George W. Myers against Henry Bender. From a judgment for plaintiff and an order denying bim a new trial, defendant appeals.
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Appeal from District Court, Custer County; Frank Henry, Judge of the Sixth Judicial District, presiding. Action by George W. Myers against Henry Bender. From a judgment for plaintiff and an order denying bim a new trial, defendant appeals. Under section 6048, Revised Codes, the amount which would compensate the plaintiff for the detriment caused by the breach of the contract would be payment of the amount which was due the plaintiff at the time of the completion or fulfillment of the contract, that was at the time the lands were conveyed from the Northern Pacific Railway Company to the…
1Opinion of the CourtChief Justice Brantly
Plaintiff brought this action on April 8," 1908, to recover a judgment for services as an attorney and counselor at law, rendered to the defendant in an action in the United States district court, at Helena, Montana, in which the defendant was plaintiff .and the Northern Pacific Railway Company and others were *503defendants. The purpose of that action was to obtain a decree declaring the railway company a trustee of the title to lands hereinafter described, lying within the limits of the federal grant originally made to the Northern Pacific Railroad Company, for the benefit of the defendant…
2Cases cited10 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Montana R'y Co. v. WarrenMontana Supreme Court · 1887
- Wells v. AbernethySupreme Court of Connecticut · 1824
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Northern Pacific & Montana Railway Co. v. ForbisMontana Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ehly v. CadyMontana Supreme Court · 1984
- Healy v. GinoffMontana Supreme Court · 1923
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Wyatt v. School District No. 104, Fergus CountyMontana Supreme Court · 1966
- Zook Bros. Construction Company v. StateMontana Supreme Court · 1976
12 more not listed; retrieve them via the Exa API.