Sutherland v. Green
Montana Supreme Court
Appeal from District Court, Custer County; Sydney Sanner, Judge. Action by Donald Sutherland against C. W. Green and another, partners as Green & Ingham. Judgment for plaintiff and defendants appeal from it and an order denying their motion for a new trial. The evidence introduced over our objections was incompetent, and anything that was said by either Mr. Sutherland or Mr. Green prior to or at the time of the signing of the bill of sale or agreement is incompetent.
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Appeal from District Court, Custer County; Sydney Sanner, Judge. Action by Donald Sutherland against C. W. Green and another, partners as Green & Ingham. Judgment for plaintiff and defendants appeal from it and an order denying their motion for a new trial. The evidence introduced over our objections was incompetent, and anything that was said by either Mr. Sutherland or Mr. Green prior to or at the time of the signing of the bill of sale or agreement is incompetent. We understand the rule to be that: “Parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid…
1Opinion of the Court
HONORABLE GEORGE W. PIERSON,
a Judge of the Thir-
teenth Judicial District, sitting in place of MR. JUSTICE SANNER, disqualified, delivered the opinion of the court.
These appeals are by defendants from a judgment and an order denying their motion for a new trial.
Plaintiff purchased a stallion of defendants at an agreed price of $900. At the time of purchase defendants were copartners, the partnership being dissolved some two days later by mutual agreement. Defendant Green had conducted the negotiations with plaintiff, and under the terms of dissolution was to perform all resulting obligations…
2Cases cited10 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Kreuzberger v. WingfieldCalifornia Supreme Court · 1892
- Nave v. PowellIndiana Court of Appeals · 1911
- Western Twine Co. v. WrightSouth Dakota Supreme Court · 1899
- James H. Love & Co. v. RossSupreme Court of Iowa · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Bowers v. BennettIdaho Supreme Court · 1917