Jacobs Sultan Co. v. Union Mercantile Co.
Montana Supreme Court
Appeal from First Judicial District, Lewis cmd Glarlte Gowrvty. Action for damages for breach of contract. Judgment was rendered for plaintiff below by Buck, J. Statement of the case by the justice delivering the opinion. This is an action for damages for the alleged breach of a contract.
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Appeal from First Judicial District, Lewis cmd Glarlte Gowrvty. Action for damages for breach of contract. Judgment was rendered for plaintiff below by Buck, J. Statement of the case by the justice delivering the opinion. This is an action for damages for the alleged breach of a contract. The contract, and the alleged breach thereof, are set out in the complaint, which is as follows, omitting the formal parts: “(2) That on or about January 17, 1891, Lindsay & Co., and the defendant, Union Mercantile Company, instituted suits in attachment against this plaintiff in this court, and under and by…
1Opinion of the CourtPemberton, C. J.
The first assignment of error is the action of the court in overruling appellant’s demurrer to the complaint. The complaint sets up a contract, and alleges breaches thereof on the part of the defendant. In this respect we think the complaint does state a cause of action, at least for nominal damages. If so, it was good on a general demurrer *65thereto. (McCarty v. Beach, 10 Cal. 462; Wilson v. Clarke, 20 Minn. 367 (Gil. 318); Insurance Co. v. Baldwin, 37 N. Y. 648.)
The appellant contends that the complaint fails to state the cost value of the goods therein mentioned, or any fact showing how…
2Cases cited5 opinions
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
- White v. . SpencerNew York Court of Appeals · 1856
- Wilson v. ClarkeSupreme Court of Minnesota · 1874
- Soyer v. Great Falls Water Co.Montana Supreme Court · 1894
3Cited by10 opinions
- Kitchen Krafters, Inc. v. Eastside BankMontana Supreme Court · 1990
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Mole v. PayneIdaho Supreme Court · 1924
- Puryer v. HSBC Bank USA, Nat'l Ass'nMontana Supreme Court · 2018
- McFarland v. WelchMontana Supreme Court · 1913
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