Story v. Montforton

This action was commenced in a justice’s court in Gallatin county. From a judgment for plaintiff, appeal was taken to the district court of that county and this appeal is taken from the judgment for plaintiff in the district court.

The complaint alleges the sale and conveyance to defendants of certain lots in the city of Bozeman, including the two here in question, and seeks recovery of the sum of $150 as the balance of the purchase price. The defense to the action which appears from the answer and the testimony is that there was an agreement between the parties that the sum sued for was not…