Best v. Beaudry
Montana Supreme Court
Appeals from District Court. Cascade County; J. B. Leslie, Judge. Action by C. D. Best against Valmore Beaudry and another, doing business under the firm name of Beaudry Bros. From a judgment notwithstanding the verdict, dismissing plaintiff’s cause of action and from the order denying plaintiff’s motion for a new trial, plaintiff appeals. The court erred in granting defendant’s motion for judgment non obstante veredicto.
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Appeals from District Court. Cascade County; J. B. Leslie, Judge. Action by C. D. Best against Valmore Beaudry and another, doing business under the firm name of Beaudry Bros. From a judgment notwithstanding the verdict, dismissing plaintiff’s cause of action and from the order denying plaintiff’s motion for a new trial, plaintiff appeals. The court erred in granting defendant’s motion for judgment non obstante veredicto. There is no statute in thia state authorizing such motion, and the same is not warranted by law. ■Under the common law such a judgment could never be rendered for the…
1Opinion of the Court
MR. CHIEF COMMISSIONER STARK
prepared the opinion for the court.
So far as it is necessary to state the facts involved in this case, in order to decide the only question which can properly be considered on this appeal, they are as follows: The plaintiff filed his complaint against the defendants, seeking to recover compensation for services alleged to have been rendered to and for them in connection with the sale of certain ranch property located in Cascade county, and in substance alleges: (1) That the defendants were partners under the firm name of Beaudry Bros.; (2) that in October, 1918,…
2Cases cited2 opinions
- Fisk v. HenarieUnited States Circuit Court · 1887
- Murray v. HauserMontana Supreme Court · 1898
3Cited by5 opinions
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