State ex rel. Tripp v. District Court of the Fourth Judicial District ex rel. County of Missoula

MR. CHIEF JUSTICE ADAIR:

(dissenting).

The facts in this case are simple:

On August 17, 1954, Dewey Milling Timber Products, a Montana corporation, plaintiff, commenced civil action No. 20245 in the district court of Missoula County against Don Tripp and Clarence Tripp, defendants, by filing therein a complaint seeking judgment for $1,315.52, and interest, claimed to be due and owing to the plaintiff on an account for lumber sold delivered to the defendants at their special instance and request. The suit is an action at law for goods sold and delivered. The complaint states but a single cause of…