Keyser v. Rehberg
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Cla/rke County. Action to recover for services rendered. Plaintiff had judgment below. Defendant’s motion for a new trial was denied by Hunt, J. Performance by plaintiff having been rendered impossible by the act of the defendant, plaintiff not being in fault, he may recover upon a qua/ntum, meruit. {LLelem v. Wilson, 28 Am. Dec. 336; Duncan v. Baker, 21 Kan. 99; Bishop on Contracts, §§.1441 to 1447; 3 Am. and Eng.
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Appeal from, First Judicial District, Lewis and Cla/rke County. Action to recover for services rendered. Plaintiff had judgment below. Defendant’s motion for a new trial was denied by Hunt, J. Performance by plaintiff having been rendered impossible by the act of the defendant, plaintiff not being in fault, he may recover upon a qua/ntum, meruit. {LLelem v. Wilson, 28 Am. Dec. 336; Duncan v. Baker, 21 Kan. 99; Bishop on Contracts, §§.1441 to 1447; 3 Am. and Eng. Enc. of Law, 921; Moulton v. Frask, 9 Mete. 577; Felton v. Dickenson, 10 Mass. 287; Baker v. Corey, 19 Pick. 196; Isaacs v. Me…
1Per curiam
This is an action for work, labor, and services alleged by plaintiff to have been rendered to the defendant as a superintendent or foreman upon the ranch of the defendant. The defense set up in the answer was that plaintiff and defendant made a contract by which the plaintiff should conduct the affairs of the ranch for a year, and that defendant should receive $1,000 from the products of the ranch for that year, and that all over that sum should belong to the plaintiff. The replication of plaintiff admits that the contract between the parties was substantially similar to that alleged in the…
2Cited by2 opinions
- McFarland v. WelchMontana Supreme Court · 1913
- Davis v. Sullivan Gold Mining Co.Montana Supreme Court · 1936