Sandeen v. Russell Lumber Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; Frank Henry, Judge of the Sixth Judicial District, presiding. ACTION by C. E. Sandeen against the Russell Lumber Company. From a judgment for plaintiff and an order denying its motion for new trial, defendant appeals. submitted a brief; argued the cause orally.
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Appeal from District Court, Yellowstone County; Frank Henry, Judge of the Sixth Judicial District, presiding. ACTION by C. E. Sandeen against the Russell Lumber Company. From a judgment for plaintiff and an order denying its motion for new trial, defendant appeals. submitted a brief; argued the cause orally. Hayne, in his work on New Trials, lays down the following requirements, which should appear on an application for a new trial on the ground of newly discovered evidence: (a) that the evidence, and not merely its materiality, be newly discovered: (b) that the evidence be not cumulative…
1Opinion of the CourtJustice Holloway
This action was brought to recover damages for an alleged breach of contract. The plaintiff recovered judgment, and defendant appealed therefrom and from an order denying it a new trial.
The complaint alleges that on November 17, 1908, plaintiff purchased from the defendant company, and defendant sold to plaintiff, one car of oats at $1.60 per hundred, six cars at $1.65 per hundred, ten ears of alfalfa hay at $9.50 per ton, and six cars of timothy hay at $13.50 per ton, f. o. b. Waco or Custer, as directed by plaintiff, delivery to be made at any time before June 15, 1909, upon ten days’…
2Cases cited8 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- State v. MatkinsMontana Supreme Court · 1912
- Christiansen v. AldrichMontana Supreme Court · 1904
- State v. WakelyMontana Supreme Court · 1911
- Dorais v. DollMontana Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- De Celles v. CaseyMontana Supreme Court · 1914
- Hardie v. PetersonMontana Supreme Court · 1929
- Nesbitt v. City of ButteMontana Supreme Court · 1945
- Seibel v. ByersMontana Supreme Court · 1959
10 more not listed; retrieve them via the Exa API.