Union Bank & Trust Co. v. Himmelbauer
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; W. 3. Doorman, Judge. Action by the Union Bank & Trust Company against Antone and Mabel Himmelbauer. Judgment for plaintiff, and the last-named defendant appeals. As a rule, several contracts executed at the same time and relating to the same subject matter cannot be construed together as one contract unless they are between the same parties.
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Appeal from District Court, Lewis and Clark County; W. 3. Doorman, Judge. Action by the Union Bank & Trust Company against Antone and Mabel Himmelbauer. Judgment for plaintiff, and the last-named defendant appeals. As a rule, several contracts executed at the same time and relating to the same subject matter cannot be construed together as one contract unless they are between the same parties. (13 C. J., Contracts, sec. 487, p. 530.) Where only one of two makers of a note joins in a mortgage which provided for the acceleration of the maturity date on default of payments, such mortgage does…
1Opinion of the Court
HONORABLE A. C. SPENCER,
District Judge, sitting in place of MR. JUSTICE GALEN, disqualified, delivered the opinion of the court.
Sufficient statement of the issues as defined by the pleadings is contained in the two former opinions of this court and need not be repeated here. (Union Bank & Tr. Co. v. Himmelbauer, 56 Mont. 82, 181 Pac. 332; Id., 57 Mont. 438, 188 Pac. *44940.) This appeal is from a judgment in favor of plaintiff and against defendant Mabel Himmelbauer.
The facts essential to a determination of the question here [1] involved may be condensed to the following: May 17, 1917, Antone and…
2Cases cited3 opinions
- Chealey v. PurdyMontana Supreme Court · 1918
- Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1919
- Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1920
3Cited by8 opinions
- Mysse v. MartensMontana Supreme Court · 1996
- Cunha v. City of AlgonaSupreme Court of Iowa · 1983
- Vande Veegaete v. Vande VeegaeteMontana Supreme Court · 1925
- Button v. O. S. Stapley Co.Arizona Supreme Court · 1932
- Cunha v. City of AlgonaSupreme Court of Iowa · 1983
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