Perkins v. Allnut
Montana Supreme Court
Appeal from District Court, Ravalli County; R. Lee McCulloch, Judge. Action by R. L. Perkins against John J. Allnut. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtJustice Holloway
The defendant recovered judgment in the court below, and from that judgment and an order denying a new trial plaintiff appealed.
The action was instituted to recover $837.64, alleged to be due to the plaintiff upon an express contract. According to the theory of the complaint, the transaction between the plaintiff and the defendant constituted, in effect, a demand loan. The answer denies the material allegations of the complaint and sets forth the defendant’s version of the transaction, which is that the money advanced by plaintiff to defendant was a partial payment upon the purchase price of…
2Cases cited12 opinions
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- Day v. WilsonIndiana Supreme Court · 1882
- McKinney v. HarvieSupreme Court of Minnesota · 1887
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- Johnson v. Puget Mill Co.Washington Supreme Court · 1902
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