Legal Opinion

Broat Lumber Co. v. Van Houten

Montana Supreme Court

Decided March 19, 1923No. 5,062PublishedCited by 11 opinions

Appeal from District Court, Big Horn County; Bdbert C. Stong, Judge. Action by the J. M. Broat Lumber Company against J. W. Yan Houten. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

MR. COMMISSIONER BENNETT

prepared the opinion for the court.

Plaintiff instituted this action to recover from defendant an amount alleged to be due for lumber and building materials sold defendant. In his answer defendant set out a counterclaim, the substance of which is as follows: “That on or about, to-wit, January 7, 1919, and again on a date prior thereto, the plaintiff promised and agreed with the defendant that for and in consideration of the defendant’s purchasing all lumber and building materials used by him from and of the plaintiff in building contracts in which the defendant was the…

2Cases cited2 opinions

  1. Sutton v. LowryMontana Supreme Court · 1909
  2. Yancey v. Northern Pacific Railway Co.Montana Supreme Court · 1910

3Cited by11 opinions

  1. Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
  2. Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
  3. Binzel v. ViehmannMontana Supreme Court · 1940
  4. Bell v. GrimstadMontana Supreme Court · 1928
  5. Galland v. GallandMontana Supreme Court · 1924

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API