Whalen v. Harrison
Montana Supreme Court
Appeal from District Oourt, Lewis and Clarice County; 8. H. Mclntire, Judge. ActioN by Stephen F. Whalen and James S. Grant, partners as Whalen & Grant, against William Harrison. From a judgment in favor of plaintiffs, defendant appeals. The demurrer to' the first cause of action should have been sustained. The objection to the introduction of tetstimony on the first cause of action should have been sustained.
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Appeal from District Oourt, Lewis and Clarice County; 8. H. Mclntire, Judge. ActioN by Stephen F. Whalen and James S. Grant, partners as Whalen & Grant, against William Harrison. From a judgment in favor of plaintiffs, defendant appeals. The demurrer to' the first cause of action should have been sustained. The objection to the introduction of tetstimony on the first cause of action should have been sustained. These two propositions involve the same question, viz.: That the complaint does not state facts sufficient to constitute a cause of action. (Cummer v. Butts, 40 Mich. 322; Ahlstrom v.…
1Opinion of the CourtJustice Milburn
This case is prosecuted by the plaintiffs upon two causes of action, one being to recover $1,333.50 and interest, claimed to be due upon an alleged contract, set forth in tbe complaint.
It is 'alleged by tbe plaintiffs, in substance, that tbe defendant made a proposition to tbe board of school trustees of school district No. 1, at tbe city of Helena, to furnish and deliver all cut, carved, and rubble stone for tbe Helena High School Building for $22,598, which bid was rejected; that plaintiffs made a bid to1 tbe said board to erect tbe building and furnish all labor and materials for $63,100,…
2Cases cited2 opinions
- Briggs v. TillotsonNew York Supreme Court · 1811
- Whalen v. BrennanNebraska Supreme Court · 1892
3Cited by8 opinions
- Lynch v. HerrigMontana Supreme Court · 1905
- Bean v. Missoula Lumber Co.Montana Supreme Court · 1909
- Sheldon v. PowellMontana Supreme Court · 1904
- Mahoney v. DixonMontana Supreme Court · 1904
- Raiche v. MorrisonMontana Supreme Court · 1913
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