O'Rourke v. Schultz
Montana Supreme Court
Appeal from District Court, Silver Bow County; John Lindsa/y, Judge. Injunction by John O’Rourke against Mary Schultz to restrain the enforcement of a judgment. From a judgment in favor of plaintiff, defendant appeals.
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Appeal from District Court, Silver Bow County; John Lindsa/y, Judge. Injunction by John O’Rourke against Mary Schultz to restrain the enforcement of a judgment. From a judgment in favor of plaintiff, defendant appeals. In the opening portion of this argument we will assume that it was necessary for Mrs. Schultz, before or at the trial, to tender the 2,500 shares of stock; and will attempt to show that, even under this view of the case, neither the complaint nor the testimony shows facts sufficient to sustain the preliminary injunction, or the awarding of a new trial of the original cause of…
1Opinion of the CourtJustice Pigott
In the spring of 1892 the plaintiff, O’Rourke, sold to the defendant, Mary Schultz, an undivided fourth interest in the Western Star Brick Yard & Brick Works for $2,500; the entire property was subsequently transferred to a corporation; with the consent of all concerned, one-fourth (2,500) shares of the corporate stock was duly delivered, by certificates representing the stock, in lieu of the one-quarter interest in the property itself, all the terms of the agreement of sale and purchase being applicable to the contractual rights as thus *290immaterially modified. By the terms of the contract the…
2Cases cited2 opinions
- Schultz v. O'RourkeMontana Supreme Court · 1896
- Buck v. FitzgeraldMontana Supreme Court · 1898
3Cited by2 opinions
- Westheimer v. GoodkindMontana Supreme Court · 1900
- Nolan v. Montana Central Railway Co.Montana Supreme Court · 1901