Pasha v. Bohart
Montana Supreme Court
!Appeal from District Court, Gallatin Countyj W. R. C. Stewart, Judge. Action by R. J. Pasha against S. E. Bohart. From a judgment for plaintiff and an order denying a new trial, defendant appeals. and argued the cause orally. The burden was upon the plaintiff to allege and show that the defendant had not complied with the terms of sale.
Read the full summary
!Appeal from District Court, Gallatin Countyj W. R. C. Stewart, Judge. Action by R. J. Pasha against S. E. Bohart. From a judgment for plaintiff and an order denying a new trial, defendant appeals. and argued the cause orally. The burden was upon the plaintiff to allege and show that the defendant had not complied with the terms of sale. Before the amount could become due or payable in any event in cash, it was necessary to show that the term of the credit had elapsed. {Tatum v. Ackerman, 148 Cal. 357,113 Am. St. Rep. 276, 7 Ann. Cas. 541, 3 L. R. A., n. s., 908, 83 Pae. 151.) This was a sale…
1Opinion of the CourtJustice Smith
The complaint in this action alleges that on or about the tenth day of January, 1911, the plaintiff sold and delivered to the defendant at his special instance and request certain stock cattle at an agreed price of $375; that the defendant has not paid the amount or any part thereof. The answer denies each and every allegation of the complaint. The district court of Gallatin county tried the cause without a jury, and, after making findings of fact and drawing conclusions of law in writing, entered judgment for the plaintiff in accordance with the prayer of the complaint. Defendant appeals…
2Cases cited3 opinions
- Edward P. Allis Co. v. Madison Electric Light, Heat & Power Co.South Dakota Supreme Court · 1897
- Wallace v. BernheimSupreme Court of Arkansas · 1896
- Wheeler v. HarrahOregon Supreme Court · 1886
3Cited by5 opinions
- Bennett v. DodgsonMontana Supreme Court · 1955
- Montana Livestock & Loan Co. v. StewartMontana Supreme Court · 1920
- Giroux v. BocklerOregon Supreme Court · 1921
- Bennett v. DodgsonMontana Supreme Court · 1955
- McAllister v. Michigamme Oil Co.Michigan Supreme Court · 1925