Church v. Zywert
Montana Supreme Court
Appeal from District Court, ■ Yellowstone County; A. C. Spencer, Judge. Action by A. J. Church against J. Zywert. From a judg- ' ment for plaintiff pd an order denying him a new trial, defendant appeals. The market value at Billings, Montana, the place of delivery of the cattle was not made the basis of the verdict in this case.
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Appeal from District Court, ■ Yellowstone County; A. C. Spencer, Judge. Action by A. J. Church against J. Zywert. From a judg- ' ment for plaintiff pd an order denying him a new trial, defendant appeals. The market value at Billings, Montana, the place of delivery of the cattle was not made the basis of the verdict in this case. It is clearly apparent from the verdict, which was for the exact amount asked for as damages in the complaint, that the jury based its verdict upon the market at Omaha, Nebraska, where they were sold. “The general rule is that the measure of damages, when the buyer…
1Opinion of the CourtJustice Matthews
The complaint herein alleges that plaintiff sold to defendant, at an agreed price per pound, approximately 100 head of cattle, to be delivered in lots during the months of August and September, 1916; that the first delivery was made August 1, received and paid for by defendant, but that thereafter, by reason of a decline in the market, he refused to receive and *106pay for the remainder of the cattle, although plaintiff was at all times ready, willing and able to make the. deliveries, and that by reason of the breach of the contract plaintiff was forced to sell at a loss, on the Billings market,…
2Cases cited7 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- State ex rel. Nipp v. District CourtMontana Supreme Court · 1912
- Poe v. Sheridan CountyMontana Supreme Court · 1916
- Gilland v. Union Pacific Railway Co.Wyoming Supreme Court · 1896
- Brazell v. CohnMontana Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- Ballenger v. TillmanMontana Supreme Court · 1958
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- Montana Livestock & Loan Co. v. StewartMontana Supreme Court · 1920
- Welker Clifford v. MerrillArizona Supreme Court · 1927
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