Ferry & Co. v. Forquer
Montana Supreme Court
'Appeals from District Court, Yellowstone County; A. G. Spencer, Judge. Action by D. M. Ferry & Co. against Claud E. Forquer. From judgment for plaintiff and from an order denying a new trial, defendant appeals.
Read the full summary
'Appeals from District Court, Yellowstone County; A. G. Spencer, Judge. Action by D. M. Ferry & Co. against Claud E. Forquer. From judgment for plaintiff and from an order denying a new trial, defendant appeals. It is the contention of defendant that the contract does not establish title in plaintiff and that, since the only evidence on the question of title is contained in the terms of the contract, there has been a failure to establish title and consequently that plaintiff has failed to establish his action. If we are to be guided by this provision alone, there is no question but that the…
1Opinion of the CourtJustice Holloway
Early in 1916 the plaintiff delivered to the defendant a quantity of seed beans to be planted on lands in Yellowstone county, pursuant to the terms of a letter theretofore written by the defendant, the material portions of which follow:
“Messrs. T>. M. Ferry & Co., Detroit, Michigan.
“I agree, on the terms and conditions stated below, to raise for you, on lands [describing them] * * * 30 acres Golden Wax beans, 10 acres Giant Stringless Gr. Pod beans.
“I agree properly to prepare and plant such lands with stock seed to be furnished by you free on board cars at Shepherd; to harvest, cure,…
2Cases cited12 opinions
- Stockton Savings & Loan Society v. PurvisCalifornia Supreme Court · 1896
- First National Bank v. SchweenIllinois Supreme Court · 1889
- Mack v. . SnellNew York Court of Appeals · 1893
- Robinson v. HaasCalifornia Supreme Court · 1871
- Quirk v. RichMontana Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Black v. MartinMontana Supreme Court · 1930
- State Ex Rel. Broadwater County v. RosmanMontana Supreme Court · 1929
- Maryland Casualty Co. v. Boise Street Car Co.Idaho Supreme Court · 1932
- Lee v. Lee Gold Mining Co.Montana Supreme Court · 1924
- Smith v. Washburn-Wilson Seed Co.Idaho Supreme Court · 1925
23 more not listed; retrieve them via the Exa API.