Harris v. Lloyd
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Comity. Action to enforce a vendor’s lien. The cause was tried before McHatton, J. Plaintiffs bad judgment below. The plaintiffs, although satisfied with the bargain, after learning that Lloyd was to receive more than they had asked or received, insist that they are entitled to their proportionate share of whatever Lloyd was to receive from the sale over and above the amount specified in the deed and agreement.
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Appeal from Second Judicial District, Silver Bow Comity. Action to enforce a vendor’s lien. The cause was tried before McHatton, J. Plaintiffs bad judgment below. The plaintiffs, although satisfied with the bargain, after learning that Lloyd was to receive more than they had asked or received, insist that they are entitled to their proportionate share of whatever Lloyd was to receive from the sale over and above the amount specified in the deed and agreement. While fraud and concealment are alleged in the complaint, the proof shows no unfairness in the transaction, other than that Lloyd…
1Opinion of the CourtBlake, C. J.
This action was brought to recover a judgment for the sum of fifteen thousand dollars on account oí the sale of certain lode mining claims to Thomas Couch, and for the sale of property which had been conveyed by Couch to the Boston and Montana Consolidated Copper and Silver Mining Company. No general verdict was requested by the court or any of parties, and the jury returned the following special findings:—
“The jury in the above-entitled action will find a special verdict by answering the following questions: (1) Were the plaintiffs and the defendant, John Lloyd, engaged jointly in working…
2Cases cited17 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Van Horne v. FondaNew York Court of Chancery · 1821
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Rothwell v. DeweesSupreme Court of the United States · 1863
- Kahn v. Smelting Co.Supreme Court of the United States · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Munsey v. Mills & GarittyTexas Supreme Court · 1926
- Chessman v. HaleMontana Supreme Court · 1905
- Green v. GreenMontana Supreme Court · 1978
- Talbott v. Butte City Water Co.Montana Supreme Court · 1903
- In Re the Marriage of SmithMontana Supreme Court · 1990
19 more not listed; retrieve them via the Exa API.