Legal Opinion

Kirkup v. Anaconda Amusement Co.

Montana Supreme Court

Decided April 11, 1921No. 4,309PublishedCited by 25 opinions

Appeals from District Court, Deer Lodge County; Geo. B. Winston, Judge. Action by 'Jobn T. Kirbup against tbe Anaconda Amusement Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals.

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Appeals from District Court, Deer Lodge County; Geo. B. Winston, Judge. Action by 'Jobn T. Kirbup against tbe Anaconda Amusement Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals. Whatever may be said as to the validity of a contract such as this between the original parties thereto, we believe it to be true that, viewed in the proper light, the contract is such a one as could not be assumed by the defendant corporation without violating plain statutory rules as to the sale of the capital stock of a corporation, and further that, if…

1Opinion of the CourtJustice Galen

This is an action for damages for alleged breach of contract. From the contract which is made a part of the complaint, it appears that it was entered into on the twenty-sixth day of July, 1915, between A. Mandoli and May Amy Mandoli, as parties of the first part, and John T. Kirkup, the plaintiff herein, as party of the second part. The terms of the contract are substantially as follows: It was agreed between the parties that a corporation should be formed to be known as the “Anaconda Amusement Company,” with a capital stock of $55,000, divided into 5,500 shares of the par value of ten…

2Cases cited39 opinions

  1. Upton v. TribilcockSupreme Court of the United States · 1875
  2. Munson v. Syracuse, Geneva & Corning R. R. Co.New York Court of Appeals · 1886
  3. Weatherford, Mineral Wells & Northwestern Railway Co. v. GrangerTexas Supreme Court · 1894
  4. Munson v. Syracuse, Geneva & Corning RailroadNew York Court of Appeals · 1886
  5. New York & New Haven Railroad v. KetchumSupreme Court of Connecticut · 1858

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3Cited by25 opinions

  1. In re Vortex Fishing Systems, Inc.Court of Appeals for the Ninth Circuit · 2002
  2. Liberty Tool, & Manufacturing v. Vortex Fishing Systems, Inc. (In re Vortex Fishing Systems, Inc.)Court of Appeals for the Ninth Circuit · 2001
  3. Mansfield v. LangMassachusetts Supreme Judicial Court · 1936
  4. Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
  5. Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925

20 more not listed; retrieve them via the Exa API.

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