Ming v. Woolfolk
Montana Supreme Court
Appeal from, Third District, Lewis and Olarhe County. The action was tried before Wade, C. J., with a jury. The recitals in the contract on which this action is brought are non-contractual and do not control the contractual part. It is signed by respondent alone, and he cannot derivo any benefit from his statements in the immaterial recitals. 1 Greenl. Ev., §§ 26, 285-287; 2 Pars, on Cont. (4th ed.) 13-19, 66, 67; 2 Whart.
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Appeal from, Third District, Lewis and Olarhe County. The action was tried before Wade, C. J., with a jury. The recitals in the contract on which this action is brought are non-contractual and do not control the contractual part. It is signed by respondent alone, and he cannot derivo any benefit from his statements in the immaterial recitals. 1 Greenl. Ev., §§ 26, 285-287; 2 Pars, on Cont. (4th ed.) 13-19, 66, 67; 2 Whart. Ev., §§ 937-940, 1039, 1040, 1085. The evidence offered by appellants was' competent. Respondent was estopped from denying that the Park Ditch Company had pledged the wafer…
1Opinion of the CourtBlase, J.
The rights of the parties to this action are determined fyy the construction and interpretation of the following contract, which was executed by Woolfolk, the respondent, and delivered to Ming and Kinna, the appellants:
“ Helena, Sept. 16, 1874.
Whereas, John Kinna and John H. Ming have this day joined with me in borrowing the sum of ($2,572.10) twenty-five hundred and seventy-two and ten one-hundredths dollars for the purpose of paying JR. S. Hale the balance of eight thousand dollars due him under private agreement with said Ming, Kinna and Woolfolk in order for their release from certain…
2Cases cited3 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Gray v. HarperU.S. Circuit Court for the District of Massachusetts · 1841
- Leggett v. Bank of Sing SingNew York Supreme Court · 1857
3Cited by8 opinions
- Martin v. RothwellWest Virginia Supreme Court · 1918
- Ace Bus Trans. Co. v. South Hudson, C., Assn.New Jersey Court of Chancery · 1935
- Orem v. Hansen Packing Co.Montana Supreme Court · 1932
- In Re Oppenheimer's EstateMontana Supreme Court · 1925
- Kinna & Ming v. WoolfolkMontana Supreme Court · 1882
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