Legal Opinion

Chealey v. Purdy

Montana Supreme Court

Decided March 21, 1918No. 3,876PublishedCited by 20 opinions

Appeals from District Court, Hill County, in the Twelfth Judicial District; Wm. A. Clark, a Judge of the Fifth District, presiding. Action by W. T. Chealey against B. D. Purdy and others. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial.

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Appeals from District Court, Hill County, in the Twelfth Judicial District; Wm. A. Clark, a Judge of the Fifth District, presiding. Action by W. T. Chealey against B. D. Purdy and others. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. Section 500 of the New York Code of Civil Procedure is practically the same as our Code regarding answers, and has been construed to allow evidence, under a general denial, that would show that the contract actually entered into was not as alleged in the complaint. (Miller v. Insurance Co., 1 Abb. N. C. (N. Y.) 470;…

1Opinion of the CourtChief Justice Brantly

This action was brought against four defendants — B. D., E. L., W. W. and Edythe Purdy — as copartners under the firm name of Purdy Bros., to recover of them the value of work done and material furnished by plaintiff in drilling a well for them under an oral contract. The complaint alleges that the plaintiff agreed on his part to drill the well at a place designated by defendants upon their land or that of some one of them, for the purpose of obtaining water. It then alleges the terms of the contract, how *491and when payment was to be made, and that the plaintiff has fully performed the contract…

2Cases cited7 opinions

  1. Stephens v. ConleyMontana Supreme Court · 1914
  2. Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
  3. De Sandro v. Missoula Light & Water Co.Montana Supreme Court · 1913
  4. O'Donnell v. City of ButteMontana Supreme Court · 1911
  5. Nyhart v. PenningtonMontana Supreme Court · 1897

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3Cited by20 opinions

  1. Emery v. EmeryMontana Supreme Court · 1948
  2. Crenshaw v. CrenshawMontana Supreme Court · 1947
  3. Wilcox v. NewmanMontana Supreme Court · 1920
  4. Brown v. First Federal Sav. & L. Ass'n of Great FallsMontana Supreme Court · 1969
  5. Griffin v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1923

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