Frank v. Butte & Boulder Mining & Lumber Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Esther Frank and others against the Butte & Boulder Mining & Lumber Company. From a judgment ,for plaintiffs, defendant appeals. The contract and agreement upon which this action rests, and upon which plaintiffs rely, is a conditional one. They must allege and prove, as a condition precedent to their right of recovery, the fact that there were earnings after deducting running expenses.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by Esther Frank and others against the Butte & Boulder Mining & Lumber Company. From a judgment ,for plaintiffs, defendant appeals. The contract and agreement upon which this action rests, and upon which plaintiffs rely, is a conditional one. They must allege and prove, as a condition precedent to their right of recovery, the fact that there were earnings after deducting running expenses. Not having alleged and proven this, their complaint fails to state a cause of action. Provision is made in the agreement for…
1Opinion of the CourtJustice Holloway
On July 20, 1906, an agreement was entered into between Margaret Northey, Stephen H. Northey, the Butte & Boulder Mining & Lumber Company and H. L. Frank. This agreement is prefaced by an introductory clause which recites that the min*86ing and lumber company had been organized for the purpose of taking over certain mining claims and water rights belonging to Margaret Northey, and for carrying on a general lumber business, and that it was necessary for the company to borrow $30,000 to carry out the purposes of its organization. These recitals are followed by the contracting portions of the…
2Cases cited24 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Noland v. BullOregon Supreme Court · 1893
- Crooker v. HolmesSupreme Judicial Court of Maine · 1875
- Tebo v. . RobinsonNew York Court of Appeals · 1885
- Stadler v. First National BankMontana Supreme Court · 1899
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- General Fire Extinguisher Co. v. Northwestern Auto Supply Co.Montana Supreme Court · 1922
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