Hillman v. Luzon Cafe Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by J. C. Hillman and A. C. Temple, copartners doing business under the firm name of Montana F. P. Gas Machine Company, against the Luzon Cafe Company, a corporation, and others. From a judgment for defendants and an order denying a new trial, plaintiffs appeal.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by J. C. Hillman and A. C. Temple, copartners doing business under the firm name of Montana F. P. Gas Machine Company, against the Luzon Cafe Company, a corporation, and others. From a judgment for defendants and an order denying a new trial, plaintiffs appeal. The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiatións or stipulations concerning the matter which preceded or accompanied the execution of the instrument. (2 Mechem on Sales, sec. 1254;…
1Opinion of the CourtJustice Sanner
Action to recover the unpaid balance of the purchase price of a certain gasoline lighting machine installed by the plaintiffs in the Luzon Cafe at Billings, under a written contract made with the defendant company on September 2, 1911. The price stipulated was $315. The complaint alleges performance of the contract by the plaintiffs, and nonperformance by the defendant company, save that it accepted the machine and paid '$78.75 thereon.
The answer admits the payment of $78.75 on the machine, denies all the other allegations of the complaint, and alleges affirmatively that the contract was…
2Cases cited5 opinions
- Best Manufacturing Co. v. HuttonMontana Supreme Court · 1914
- Babcock v. MaxwellMontana Supreme Court · 1898
- Sathre v. RolfeMontana Supreme Court · 1904
- Anaconda Copper Mining Co. v. ThomasMontana Supreme Court · 1913
- McDonald v. GoodkindMontana Supreme Court · 1899
3Cited by7 opinions
- Lasby v. BurgessMontana Supreme Court · 1930
- Koch v. RhodesMontana Supreme Court · 1920
- Friedrichsen v. CobbMontana Supreme Court · 1929
- Key v. ClementsMontana Supreme Court · 1958
- Petit v. SinclierMontana Supreme Court · 1917
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