Snider v. Yarbrough
Montana Supreme Court
Appeal from District Court, Madison County; J. B. Poindexter, Judge. Action by D. R. Snider and others against Benjamin Yarbrough and others. From a judgment sustaining a demurrer to the complaint, plaintiffs appeal. The authorities hold that a mere default in the payment of an installment, if not coupled with facts showing an intent on the part of the party in default to renounce his liability under the contract, does not operate as a discharge of the adversary party.
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Appeal from District Court, Madison County; J. B. Poindexter, Judge. Action by D. R. Snider and others against Benjamin Yarbrough and others. From a judgment sustaining a demurrer to the complaint, plaintiffs appeal. The authorities hold that a mere default in the payment of an installment, if not coupled with facts showing an intent on the part of the party in default to renounce his liability under the contract, does not operate as a discharge of the adversary party. (Mersey Go. v. Naylor, 9 App. Cas. 434, affirming 9 Q. B. D. 648; Keeler v. Clifford, 165 111. 544, 46 N. E. 248; Palm v.…
1Opinion of the CourtJustice Holloway
On March 30, 1909, plaintiff Snider and defendant Yarbrough entered into an agreement in writing, by the terms of which Yarbrough leased to Snider the Stella lode claim, and agreed to sell and convey the claim to Snider on or before September 30, 1910, provided Snider paid therefor $3,500, as follows: $500 upon the execution of the agreement; $1,000 on September 30, 1909; $1,000 on March 30, 1910, and the balance on September 30, 1910. By the provisions of the agreement, Snider was given possession of the property and permitted to carry on mining operations upon accounting for fifteen per…
2Cases cited7 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Waterman v. BanksSupreme Court of the United States · 1892
- Black v. MaddoxSupreme Court of Georgia · 1898
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Jennisons v. LeonardSupreme Court of the United States · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
- McDaniel v. Hager-Stevenson Oil Co.Montana Supreme Court · 1926
- Wiard v. Liberty Northwest Ins. Corp.Montana Supreme Court · 2003
- Winslow v. DundomMontana Supreme Court · 1912
- Thomas v. Standard Development Co.Montana Supreme Court · 1924
22 more not listed; retrieve them via the Exa API.