Lindeman v. Pinson
Montana Supreme Court
Appeal from District Court, Powell County; George B. Winston, Judge. Action by Linus Lindeman against John F. Pinson and Bertha Pinson. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. In an action by a vendee for recovery of the purchase price upon alleged defects in a title, such vendee must specifically allege the defects upon which he relies and must prove the same by competent evidence.
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Appeal from District Court, Powell County; George B. Winston, Judge. Action by Linus Lindeman against John F. Pinson and Bertha Pinson. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. In an action by a vendee for recovery of the purchase price upon alleged defects in a title, such vendee must specifically allege the defects upon which he relies and must prove the same by competent evidence. (Miller v. SheTburn, 15 N. D. 182, 107 N. W. 51; Meyer v. Madreperla, 68 N. J. L. 258, 96 Am. St. Rep. 536, 53 Atl. 477; Blewitt v. Green, 57 Tex. Civ, App.…
1Opinion of the Court
HONORABLE JERE B. LESLIE,
a Judge of the Eighth Judicial District, sitting in place of the Chief Justice, delivered the opinion of the court.
This action was brought by Linus Lindeman against John F. Pinson and Bertha Pinson, his wife, to recover damages for the breach of a contract entered into between the parties on the second day of November, 1912, whereby defendants agreed to sell and convey to the plaintiff lots 11 and 12, in block 7, Syndicate Addition to Deer Lodge, Montana, upon payment to them of the agreed purchase price. By the terms of the contract, which is set forth in full in…
2Cases cited5 opinions
- Horsky v. McKennanMontana Supreme Court · 1916
- State ex rel. Carter v. KallMontana Supreme Court · 1917
- Wetzstein v. LargeyMontana Supreme Court · 1902
- Rush v. Lewis & Clark CountyMontana Supreme Court · 1908
- North Real Estate Loan & Title Co. v. Billings Loan & Trust Co.Montana Supreme Court · 1907
3Cited by9 opinions
- Lowery v. Garfield CountyMontana Supreme Court · 1949
- Small v. HullMontana Supreme Court · 1934
- Fariss v. Anaconda Copper Mining Co.District Court, D. Montana · 1940
- Martin v. Glacier CountyMontana Supreme Court · 1936
- Aitken v. LaneMontana Supreme Court · 1939
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