Donovan v. Bull Mountain Trading Co.
Montana Supreme Court
Appeal from District Court, Musselshell Countyj George P. Jones, Judge. Action by J. J. Donovan against the Bull Mountain Trading Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals.
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Appeal from District Court, Musselshell Countyj George P. Jones, Judge. Action by J. J. Donovan against the Bull Mountain Trading Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. In order that an executory contract may be enforceable, it is generally necessary that the price must be certain of being ascertained from the contract itself, and yet it is not necessary that the exact figures be stated; nevertheless, the price must by the terms of the contract be capable of. being definitely ascertained. (6 R. C. L. 648; United Press v. New York Press…
1Opinion of the Court
MR. CHIEF COMMISSIONER POORMAN
prepared the opinion for the court.
[1] Appeal by defendant from a judgment entered against it on a verdict for plaintiff, and also from an order overruling defendant’s motion for a new trial. The action, as appears from the amended complaint, is to recover extra compensation for services alleged to have been rendered by plaintiff for defendant. Defendant was engaged in general merchandise business at Klein, Montana, which, under the then management, was “losing money rapidly.” It is further alleged in the amended complaint: “The defendant promised to pay…
2Cases cited12 opinions
- Varney v. . DitmarsNew York Court of Appeals · 1916
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Thomson v. GortnerCourt of Appeals of Maryland · 1891
- Butler v. KemmererSupreme Court of Pennsylvania · 1907
- Hall v. First National Bank of ChelseaMassachusetts Supreme Judicial Court · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Petersen v. Pilgrim VillageWisconsin Supreme Court · 1950
- Wunderlich v. HoltMontana Supreme Court · 1929
- Bennett v. DodgsonMontana Supreme Court · 1955
- Thrasher v. SchreiberMontana Supreme Court · 1926
- Bennett v. DodgsonMontana Supreme Court · 1955