Curtis v. Parham
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by Fred H. Curtis aud Fred E. Freeman, copartners doing business under the name of Curtis & Freeman, against Owen B. Parham. From a judgment for plaintiffs and an order denying his motion for new trial, defendant appeals. submitted a brief; Mr. Reynolds argued the cause orally.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by Fred H. Curtis aud Fred E. Freeman, copartners doing business under the name of Curtis & Freeman, against Owen B. Parham. From a judgment for plaintiffs and an order denying his motion for new trial, defendant appeals. submitted a brief; Mr. Reynolds argued the cause orally. Under our statutory rule, if contracting parties desire to make time as of the essence of the contract, they must so expressly stipulate in the contract; otherwise time will not be so considered. There is nothing in the case at bar that…
1Opinion of the CourtJustice Sanner
On June 20, 1910, at Jonesville, Michigan, the plaintiffs and the defendant entered into the following contract:
“Owen B. Parham,
“Sheep Dealer, Billings, Montana.
' “This is to certify that Owen B. Parham, of Billings, Mont., has this 20th day of June, 1910, bargained and sold to Curtis & Freeman of Jonesville, Mich., the following described live stock, and do hereby guarantee the title thereto, viz.:
“No. head, 6,000; description, mixed lambs; brands, -;
price per ewt., $5.50; time and place of delivery, Sept. 25, 1910, Livingston, Mont., f. o. b. ears. To be no extremely coarse shaggy wooled…
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