Butte Mining & Milling Co. v. Kenyon
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by the Butte Mining & Milling Company against W. B. Kenyon and others. Judgment for defendants.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by the Butte Mining & Milling Company against W. B. Kenyon and others. Judgment for defendants. From the judgment, and from an order overruling plaintiff’s motion for a new trial, 'plaintiff appeals. „ “In every lease there is, unless excluded by the operation of some express covenant or agreement, an implied obligation on the part of the lessee to so use the property as not unnecessarily to injure it, or, as it is stated by Mr. Comyn, ‘to treat the premises demised in such manner that no injury he done to' the…
1Opinion of the Court
ME. COMMISSIONER CLAYBEBGr
prepared the following opinion for the court:
Statement.
Appeal from- judgment in favor of defendants, and order overruling plaintiff’s motion for a new trial.
On and prior to May 8, 1894, the plaintiff was the owner and in possession of a certain quartz mill and machinery. On this day defendants; went into, possession under an agreement with plaintiff for the use thereof upon a stipulated rent. After the defendants had been in possession for some months, and on the 28th day of September, 1894, the mill was. destroyed by fire.
Plaintiff brings this suit for the purpose…
2Cases cited3 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Featherman v. Granite CountyMontana Supreme Court · 1903
- Hefferlin v. KarlmanMontana Supreme Court · 1903
3Cited by8 opinions
- Smith v. DuffMontana Supreme Court · 1909
- Kline v. MurrayMontana Supreme Court · 1927
- Dawes v. City of Great FallsMontana Supreme Court · 1904
- Shropshire v. SidebottomMontana Supreme Court · 1904
- Slater Brick Co. v. ShackletonMontana Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.