Como Orchard Land Co. v. Markham
Montana Supreme Court
Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by the Como Orchard Land Company against Stuart H. Markham and another. From judgment for plaintiff, defendants appeal.
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Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by the Como Orchard Land Company against Stuart H. Markham and another. From judgment for plaintiff, defendants appeal. While fully cognizant of the rules which are recognized in the ease of fraudulent representations that when the means of obtaining knowledge are open to the complaining party, or where the representations have to do with future happenings, or where the representations may be characterized as trade talk, we insist that in this instance the representations complained of do not come under these…
1Opinion of the CourtJustice Holloway
delivered the opinion of the court. •
This suit was instituted to foreclose a mortgage given to secure an indebtedness of $4,500. The defendants admit the execution of the notes and mortgage and, by way of affirmative defense or counterclaim, allege: That in May, 1909, they purchased from the plaintiff the lands described in the mortgage and that the indebtedness sued upon represents the unpaid balance of the purchase price; that the lands were sold by plaintiff and purchased by defendants for orchard purposes; that plaintiff agreed to plant the lands to orchards and cultivate them for five…
2Cases cited10 opinions
- The Edward Barron Estate Co. v. the Woodruff Co.California Supreme Court · 1912
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Prescott v. BrownSupreme Court of Oklahoma · 1911
- Ott v. PaceMontana Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Conway v. FabianMontana Supreme Court · 1939
- Koch v. RhodesMontana Supreme Court · 1920
- Friedrichsen v. CobbMontana Supreme Court · 1929
- Connelly Co. v. Schlueter Bros.Montana Supreme Court · 1923
18 more not listed; retrieve them via the Exa API.