Missoula Mercantile Co. v. O'Donnell
Montana Supreme Court
Appeal from, District Court, Flathead county; D. F. Smith, Judge. Action by the Missoula Mercantile Company against E. C. O’Donnell, Johanna S. Peterson, Olif Peterson and another. From a judgment in favor of plaintiff, and from an order denying a new trial, defendants Olif and Johanna Peterson appeal. Statement of the Case.
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Appeal from, District Court, Flathead county; D. F. Smith, Judge. Action by the Missoula Mercantile Company against E. C. O’Donnell, Johanna S. Peterson, Olif Peterson and another. From a judgment in favor of plaintiff, and from an order denying a new trial, defendants Olif and Johanna Peterson appeal. Statement of the Case. This is an action to foreclose a lien for materials furnished by plaintiff for the erection of a brick dwelling upon lots 1 and 2 in block 99 of the town of Kalispell, Flathead county. As a foundation for the claim, the plaintiff alleges a contract with one E. C.…
1Opinion
ON MOTION FOE EE-HEAEING.
2Per curiam
— In support of his motion for a re-hearing in this cause, counsel for respondent contends earnestly that the conclusions stated in the original opinion are unwarranted by the record as presented in this Court, and that the judgment of the district court should have been affirmed. While every argument suggested by counsel in support of his motion received our attention in the preparation of that opinion, the questions presented are of sufficient importance to merit some further notice.
1. It is argued that there is no issue in the pleadings upon plaintiff’s allegation…
3Cases cited8 opinions
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
- Black v. AppolonioMontana Supreme Court · 1871
- Johnson v. Puritan Mining Co.Montana Supreme Court · 1896
- Montana Lumber & Manufacturing Co. v. Obelisk Mining Concentrating Co.Montana Supreme Court · 1894
- Allen & Krosel v. RoweOregon Supreme Court · 1890
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