Newell v. Nicholson
Montana Supreme Court
Appeal from First Judicial District, Lewis cmd Cla/rke County. Action to recover for goods sold. Judgment was rendered for the defendants below by Hunt, J. Statement of the case by the justice delivering the opinion. The plaintiffs brought their action to recover the value of goods, wares, and merchandise, alleged to have been sold to the defendants.
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Appeal from First Judicial District, Lewis cmd Cla/rke County. Action to recover for goods sold. Judgment was rendered for the defendants below by Hunt, J. Statement of the case by the justice delivering the opinion. The plaintiffs brought their action to recover the value of goods, wares, and merchandise, alleged to have been sold to the defendants. The defendants in their answer admitted the delivery of the goods to them, but denied that the sale was, as counsel expressed it, a straight sale. The defendants set up that the transaction was as follows: That the plaintiffs offered to sell the…
1Opinion of the CourtDe Witt, J.
The issue upon which the case was tried must be kept in mind at the outset. The defendants claimed a contract with certain conditions. The plaintiffs denied that any such conditions existed, and demanded a recovery as upon an ordinary plain sale and delivery of personal property. There was a direct conflict in the evidence between plaintiffs and defendants upon this issue. There was ample evidence before the jury to sustain their finding that the contract was as defendants claimed it to be. That question is therefore now at rest.
Sections 632 and 633 of the Code of Civil Procedure (Comp. St.…
2Cases cited3 opinions
- State ex rel. Leech v. Board of CanvassersMontana Supreme Court · 1892
- Reed v. PoindexterMontana Supreme Court · 1895
- State ex rel. Congdon v. Second Judicial District CourtMontana Supreme Court · 1891
3Cited by9 opinions
- Mary J. Baker Revocable Trust v. Cenex Harvest States, Cooperatives, Inc.Montana Supreme Court · 2007
- McCrimmon v. MurrayMontana Supreme Court · 1911
- Wortman v. Montana Central Railway Co.Montana Supreme Court · 1899
- Raiche v. MorrisonMontana Supreme Court · 1913
- Simpson v. SimpsonMontana Supreme Court · 2013
4 more not listed; retrieve them via the Exa API.