Murray v. Larabie
Montana Supreme Court
Appeal from the District Court, Silver Bow County. STATEMENT. The plaintiff, through an agent, acting in his behalf, had purchased a horse from the defendant, who refused to deliver possession, on the ground that the full consideration of the sale had not been paid him. Plaintiff brought suit in claim and delivery for the animal, and the trial resulting in a verdict and judgment against him, appealed. The opinion states the facts in full.
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Appeal from the District Court, Silver Bow County. STATEMENT. The plaintiff, through an agent, acting in his behalf, had purchased a horse from the defendant, who refused to deliver possession, on the ground that the full consideration of the sale had not been paid him. Plaintiff brought suit in claim and delivery for the animal, and the trial resulting in a verdict and judgment against him, appealed. The opinion states the facts in full. There was only one consideration, the payment of three hundred and fifty dollars. Defendant alleges as a further consideration, that if the horse won the…
1Opinion of the CourtMcConnell, C. J.
This is an action for claim and delivery of a horse. The following facts are not controverted, so far as we can see, from the transcript, to wit: That the plaintiff, through an agent, one William J. Palmer, purchased the horse from defendant; that the plaintiff was an undisclosed principal in the transaction; that defendant dealt with Palmer alone as principal, and never recognized plaintiff as his principal; that Palmer bought another horse from defendant at the same *211time he bought the horse in controversy; that he was to pay for said horse the sum of five hundred dollars, and for the one in…
2Cases cited4 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Shutte v. ThompsonSupreme Court of the United States · 1873
- Doane v. GlennSupreme Court of the United States · 1874
- Buddicum v. KirkSupreme Court of the United States · 1806
3Cited by4 opinions
- State v. JacksonMontana Supreme Court · 1890
- Metcalf v. PrescottMontana Supreme Court · 1891
- Best v. London Guarantee & Accident Co.Montana Supreme Court · 1935
- State v. BushMontana Supreme Court · 1915