Thornburgh v. Fish
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. Action for specific performance of a contract for the sale of lands. The cause was tried before Buck, J. Plaintiff bad judgment below.
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Appeal from First Judicial District, Lewis and Clarke County. Action for specific performance of a contract for the sale of lands. The cause was tried before Buck, J. Plaintiff bad judgment below. I. The bonds in suit are identical in terms and language, except as to parties, dates, penalty, premises, and considerations with the bond involved in the case of Kleinschmidt v. Kleinschmidt, 9 Mont. 477. Upon the authority of this case the contracts proven are not such as entitle the plaintiff to a decree of conveyance. II. The evidence discloses that Wallace and Thornburgh acted as agents for…
1Opinion of the CourtBlake, C. J.
The complaint alleges that Fish was, on and before the twenty-third day of October, 1888, seised and possessed of a certain tract of land which is described as lot No. 14, in block L, of the Blake addition to the city of Helena, in this State. That Fish and Marcy H. Randall entered October 23, 1888, into the following written contract respecting said land; —
“Know all men by these presents that I, Frederick S. Fish o . . . am held and firmly bound unto Marcy H. Randall .... in the sum of thirteen hundred and fifty dollars, o ... to be paid to the said Marcy H. Randall, his executors,…
2Cases cited13 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Brewer v. HerbertCourt of Appeals of Maryland · 1869
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Baumann v. . PinckneyNew York Court of Appeals · 1890
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3Cited by2 opinions
- Asia Investment Co. v. LevinWashington Supreme Court · 1922
- Jordan v. JohnsonIndiana Court of Appeals · 1912