Blankenship v. Decker
Montana Supreme Court
Appeal from District Court, Gallatin County; W. R. C. Stewart, Judge. Action by E. Y. Blankenship and P. J. Davies against Minnie P. Decker and others. Prom a judgment in favor of plaintiffs and from an order denying their motion for a new trial, defendants appeal.
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Appeal from District Court, Gallatin County; W. R. C. Stewart, Judge. Action by E. Y. Blankenship and P. J. Davies against Minnie P. Decker and others. Prom a judgment in favor of plaintiffs and from an order denying their motion for a new trial, defendants appeal. The contention of appellants is that the quantum meruit count is bad because it does not specifically allege that there was a contract in writing under which the services were performed, and that no proof of a contract in writing could be made under it, and that therefore it was error for the court to overrule the demurrer to the…
1Opinion of the CourtChief Justice Brantly
This action was brought to recover the sum of $480, alleged to be due plaintiffs as commissions on the sale of two hundred and forty acres of agricultural land and appurtenances, situate in Gallatin county, with interest from the date of sale, under an agreement in writing dated September 28, 1903, the terms of which are in substance the following: The plaintiffs were given sole power of sale. They were to pay all expenses of examination by proposed customers and of all advertising, and to have as compensation all the selling price over the fixed minimum of $38 per acre; the purchase money to…
2Cases cited16 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Noonan v. BradleySupreme Court of the United States · 1870
- Burgess v. HelmNevada Supreme Court · 1898
- Shepard v. MillsIllinois Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Waite v. Shoemaker & Co.Montana Supreme Court · 1915
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Johnson v. ElliotMontana Supreme Court · 1950
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
- Wilcox v. NewmanMontana Supreme Court · 1920
20 more not listed; retrieve them via the Exa API.