Johnson v. Gallatin Valley Milling Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; E. K. Cheadle, Judge. Action by Joseph Johnson against the Gallatin Valley Milling Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. An account stated will not be disturbed when the party seeking to impeach or surcharge it for errors was aware of the facts constituting the errors at the time of the stating of the account.
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Appeal from District Court, Gallatin County; E. K. Cheadle, Judge. Action by Joseph Johnson against the Gallatin Valley Milling Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. An account stated will not be disturbed when the party seeking to impeach or surcharge it for errors was aware of the facts constituting the errors at the time of the stating of the account. (Linville v. State, 130 Ind. 210, 29 N. E. 1129, 1130; Everingham v. Halsey, 108 Iowa, 709, 78 N. W. 220; Harley v. Eleventh Ward Bank, 76 N. V. 618; Auzerais y. Naglee, 74 Cal. 60, 17…
1Opinion of the CourtChief Justice Brantly
delivered the opinion of the court. \
In this action the plaintiff seeks to surcharge an account stated between himself and defendant and to recover an additional amount thereon, after payment and discharge of the balance found, for error and mistake not known to the plaintiff at the time of the settlement and receipt of payment. The transaction out of which the controversy grew may be stated briefly as follows^ During the year 1906, the plaintiff entered into a written contract with the defendant to sell and deliver to it his entire crop of spring club wheat raised during that year, except a…
2Cases cited19 opinions
- Chappedelaine v. DechenauxSupreme Court of the United States · 1808
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Hendy v. MarchCalifornia Supreme Court · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lackman v. SimpsonMontana Supreme Court · 1913
- Norum v. Ohio Oil Co.Montana Supreme Court · 1928
- Weed v. Idaho Copper Co.Idaho Supreme Court · 1932
- O'Hanlon Co. v. JessMontana Supreme Court · 1920
- Gordon Campbell Petroleum Co. v. Gordon Campbell-Kevin SyndicateMontana Supreme Court · 1926
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