Matoole v. Sullivan
Montana Supreme Court
Appeal from District Court, Silver Bow County, in the Second Judicial District; Ben B. Law, Judge of the Ninth District, Presiding. Action by Annie Matoole against Jerry B. Sullivan. Judgment for- plaintiff, and defendant appeals from it and an order denying Mm a new trial. There was a variance and failure of proof. There is a material difference between “cooking” for a man and “furnishing him merchandise” and “boarding him.”
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Appeal from District Court, Silver Bow County, in the Second Judicial District; Ben B. Law, Judge of the Ninth District, Presiding. Action by Annie Matoole against Jerry B. Sullivan. Judgment for- plaintiff, and defendant appeals from it and an order denying Mm a new trial. There was a variance and failure of proof. There is a material difference between “cooking” for a man and “furnishing him merchandise” and “boarding him.” “Furnish” as used in the complaint, is equivalent to “sold and delivered,” that is, she sold and delivered groceries, fuel, etc., to the defendant. To “'furnish” means…
1Opinion of the CourtJustice Pigott
In this action plaintiff recovered judgment from which, as well as from an order denying him a new trial, defendant appeals.
*366The complaint states two causes of action which are, in substance, that between March 10, 1905, and July 15, 1914, plaintiff at defendant’s request performed work and labor and rendered services consisting of cooking, washing, and caring for defendant, and cleaning and taking care of his house, of the reasonable value of $2,359; and that between those dates, at the like request, plaintiff furnished and delivered to defendant goods, materials, and supplies, consisting of…
2Cases cited5 opinions
- Osmers v. FureyMontana Supreme Court · 1905
- Lehane v. Butte Electric Ry. Co.Montana Supreme Court · 1908
- Nilson v. City of KalispellMontana Supreme Court · 1913
- Porter v. HawkinsMontana Supreme Court · 1903
- Erickson v. DrazkowskiMichigan Supreme Court · 1893
3Cited by9 opinions
- Klind v. Valley County BankMontana Supreme Court · 1924
- St. George v. BoucherMontana Supreme Court · 1929
- Alexander v. StateMontana Supreme Court · 1963
- Doane v. MarquiseeMontana Supreme Court · 1922
- Stevens v. HinesMontana Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.