Legal Opinion

Childs v. Ptomey

Montana Supreme Court

Decided February 17, 1896PublishedCited by 43 opinions

Appeal from Fifth Judicial District, Madison County. Action on contract.' The cause was tried before Showers, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.

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Appeal from Fifth Judicial District, Madison County. Action on contract.' The cause was tried before Showers, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. Plaintiff sues the defendants to recover the sum of $3,000, alleged to be due upon a contract for the payment of a commission by defendants to plaintiff, for the procuring a purchaser and effecting the sale of the Lucas Mine, owned by the defendants, and situated in Madison county. The complaint alleges that in May, 1893, plaintiff and defendants entered into an agreement wheréby the…

1Opinion of the CourtHunt, J.

The evidence of the plaintiff himself tends to show that, at an interview with Mr. Ptomey, one of the de*507fendants, he asked Ptomey what his price was for the mine, and was told, “§15,000 cash,” whereupon the plaintiff said he would have to ask the parties he brought to look at the mine §18,000; that he told Mr. Ptomey that he would bring some parties to him within four or five days, and he could make his own negotiations; that the parties came within a few days, and were introduced to the Ptomeys by the plaintiff; that subsequently, in July, negotiations were had between the defendants and…

2Cases cited3 opinions

  1. Herman v. MartineauWisconsin Supreme Court · 1853
  2. Bryan v. TormeyCalifornia Supreme Court · 1890
  3. Johnson v. MossCalifornia Supreme Court · 1873

3Cited by43 opinions

  1. Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
  2. German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
  3. Talley v. WhitlockSupreme Court of Alabama · 1916
  4. O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
  5. Stadler v. First National BankMontana Supreme Court · 1899

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