Cox v. Hall
Montana Supreme Court
Appeal from District Court, Madison County; Wm. A. Clark, Judge. Suit by George B. Cox against M. S. Hall and another. From a decree for plaintiff and an order denying a new trial, defendants appeal. It does not appear from the allegations of the complaint either that the mistake was mutual or that it did not occur by or result from the negligence of the plaintiff.
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Appeal from District Court, Madison County; Wm. A. Clark, Judge. Suit by George B. Cox against M. S. Hall and another. From a decree for plaintiff and an order denying a new trial, defendants appeal. It does not appear from the allegations of the complaint either that the mistake was mutual or that it did not occur by or result from the negligence of the plaintiff. (American Mining Co. v. Basin & Bay State Mining Co., 39 Mont. 476, 24 L. R. A. (n. s.) 305, 104 Pac. 525.) The plaintiff was guilty of negligence in signing the contract, and there are no allegations whatsoever which indicate that…
1Opinion of the CourtJustice Sanner
On and prior to April 12, 1909, the plaintiff, George B. Cox, was in the rightful possession of the E. % and the E. % of the W. % of section 5, Tp. 2 S., R. 5 W., in Madison county, Montana, under contract of purchase with the defendant Pace-Woods Improvement Company, which tract includes a triangular piece of ground containing 63.06 acres, as illustrated below:
The complaint alleges, in substance: That on April 12, 1909, the plaintiff and the defendant Hall completed negotiations for the purchase by Hall of that portion of said triangular tract lying east of a certain line (marked in the…
2Cases cited6 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Adams v. StenehjemMontana Supreme Court · 1915
- Brundy v. CanbyMontana Supreme Court · 1915
- Wright v. BrooksMontana Supreme Court · 1913
- Hennessy v. HolmesMontana Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Grant v. MichaelsMontana Supreme Court · 1933
- Warren v. OsborneCourt of Appeals of Texas · 1941
- First State Bank v. MussigbrodMontana Supreme Court · 1928
- Kirby v. HoehMontana Supreme Court · 1933
- Ayers v. BuswellMontana Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.