Wortman v. Montana Central Railway Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County; LL. JR. Buck, Judge. Action by Daniel P. Wortman against the Montana Central Railway Company. Prom a judgment for plaintiff, and' from an order denying a new trial, defendant appeals. Statement of the case by the Justice delivering the opinion. Action for damages for breach of contract.
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Appeal from District Court, Lewis and Clarke County; LL. JR. Buck, Judge. Action by Daniel P. Wortman against the Montana Central Railway Company. Prom a judgment for plaintiff, and' from an order denying a new trial, defendant appeals. Statement of the case by the Justice delivering the opinion. Action for damages for breach of contract. The contract out of which the action arose, so far as its stipulations and agreements enter into this controversy, is as follows: “First: The party of the second part (plaintiff), in consideration of the covenants and agreements of the party of the first…
1Opinion of the CourtBrantly, C. J.
The cause of action stated in the complaint is the temporary suspension of the work by defendant, which it is conceded it had a right to do, its failure to permit plaintiff to resume after the lapse of a reasonable time, and the damage accruing to plaintiff for the wrong thus done. The denials in the answer put in issue these allegations. The answer alleges that the work was stopped by defendant under its option reserved in the contract, to terminate it at any time, and also that the contract was terminated because, in the opinion of the chief engineer, the terms of it had not been observed…
2Cases cited14 opinions
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Barron v. BurnsideSupreme Court of the United States · 1887
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Bauer v. Samson LodgeIndiana Supreme Court · 1885
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
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3Cited by23 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Chessman v. HaleMontana Supreme Court · 1905
- Smith v. GunnissMontana Supreme Court · 1943
- School District No. 1 v. Globe & Republic Insurance Co. of AmericaMontana Supreme Court · 1965
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
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