Fontaine v. Lyng
Montana Supreme Court
Appeal from District Court, Chouteau County; John W. Tattan, Judge. Action by C. H. Fontaine against Jennie Lyng, as executrix of the last will and testament and estate of Halvor 0. Lyng, deceased, and others.' Decree for plaintiff, and defendants appeal. The alleged misrepresentations in respect to the location of the bam and its proximity to water are not made the basis of any claim for damages.
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Appeal from District Court, Chouteau County; John W. Tattan, Judge. Action by C. H. Fontaine against Jennie Lyng, as executrix of the last will and testament and estate of Halvor 0. Lyng, deceased, and others.' Decree for plaintiff, and defendants appeal. The alleged misrepresentations in respect to the location of the bam and its proximity to water are not made the basis of any claim for damages. It is not shown that the plaintiff was damaged or injured either in money, or his position altered to his prejudice by any misrepresentations; hence he cannot rescind because of them. He was not…
1Opinion of the CourtJustice Reynolds
Upon the second day of November, 1916, the plaintiff entered into a contract with Halvor O. Lyng and Jennie Lyng, his wife, for the purchase of certain real estate. About a year afterward, plaintiff commenced this action against Jennie Lyng, as executrix of the last will and testament of Halvor O. Lyng, deceased; Hilman Lyng, Clara Lyng, and Jennie M. Kitt, devisees under the will, claiming a rescission of the contract on the ground of misrepresentations. Defendants with their answers filed a counterclaim claiming a cancellation of the contract be*594cause of the failure of plaintiff to make…
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