Long v. Needham
Montana Supreme Court
Appeal from, District Court, Fergus County; E. K. Cheadle>, Judge. Action by Willard A. Long against E. R. Needbam for specific performance. From a judgment for defendant, entered on sustaining a demurrer to the complaint, plaintiff appeals. A valid contract for the sale of land may be embraced wholly in letters and telegrams concerning such land. (Pollock v_ Brainard, 26 Fed. 732; Hollis v. Burgess, 37 Kan. 487,15 Pac. 536; Eempner v. Cohn, 47 Ark. 519, 58 Am.
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Appeal from, District Court, Fergus County; E. K. Cheadle>, Judge. Action by Willard A. Long against E. R. Needbam for specific performance. From a judgment for defendant, entered on sustaining a demurrer to the complaint, plaintiff appeals. A valid contract for the sale of land may be embraced wholly in letters and telegrams concerning such land. (Pollock v_ Brainard, 26 Fed. 732; Hollis v. Burgess, 37 Kan. 487,15 Pac. 536; Eempner v. Cohn, 47 Ark. 519, 58 Am. Rep. 775, 1 S. W„ 869.) The letter of respondent confirming his telegram sent the day-before and saying: “Rec’d your letter yesterday…
1Opinion of the CourtJustice Holloway
Willard A. Long, the plaintiff and appellant, resides at Lewistown, in Fergus county, Montana. The defendant and respondent, Needham, resides at Omaha, Nebraska. Needham owned certain lands in Fergus county which he desired to sell. Prior to April, 1906, there had been certain negotiations carried on. On April 4th Long wrote to Needham as follows:
“Lewistown, Mont., April 4th, ’06.
“Mr. E. R. Needham,
“2010 Emmet St., Omaha.
“Dear sir: Yours of 30 ult. at hand, stating that you would take $12,500 net for the Hays place and would also transfer to me your desert filing. That there is 90 acres…
2Cases cited8 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- Turner v. McCormickWest Virginia Supreme Court · 1904
- Christiansen v. AldrichMontana Supreme Court · 1904
- Hollis v. BurgessSupreme Court of Kansas · 1887
- Swiger v. HaymanWest Virginia Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Steen v. RustadMontana Supreme Court · 1957
- Cates v. McNeilCalifornia Supreme Court · 1915
- Winslow v. DundomMontana Supreme Court · 1912
- Rhodes v. Industrial CommissionIdaho Supreme Court · 1993
- Monahan v. AllenMontana Supreme Court · 1913
22 more not listed; retrieve them via the Exa API.