Ford v. Gregson
Montana Supreme Court
Appeal from District Court, Silver Bow County. The real intention of the parties, derived from the language used in the contract, together with the facts gathered from the condition of the contracting parties at the time of its execution, and the subject-matter of the contract, are first to be ascertained, and if the contract can then be construed so as not to be repugnant to law, or public policy as indicated thereby, the contract is valid, and should be enforced by the…
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Appeal from District Court, Silver Bow County. The real intention of the parties, derived from the language used in the contract, together with the facts gathered from the condition of the contracting parties at the time of its execution, and the subject-matter of the contract, are first to be ascertained, and if the contract can then be construed so as not to be repugnant to law, or public policy as indicated thereby, the contract is valid, and should be enforced by the court at the instance of the injured party. See p. 154, secs. 610, 614, Cod. Stats. Mont. 1879, and other sections…
1Opinion of the Court
The opinion states the case.
McConnell, G. J.
This is an action for the breach of a written contract, brought by the appellant against the respondents in the- district court of Silver Bow County. Defendants demurred to the amended complaint of the plaintiff, and the demurrer was sustained by the court. There was judgment dismissing the plaintiff’s suit, and taxing hfm with the costs, from which he appealed to this court. Said appeal is based on the judgment roll and errors in law.
The contract sued on is as follows, to wit:—
“This agreement, made and entered into by and between William Hinkleman,…
2Cases cited6 opinions
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Hoffman v. VallejoCalifornia Supreme Court · 1873
- Maier v. HomanNew York Court of Common Pleas · 1871
- Callahan v. DonnollyCalifornia Supreme Court · 1872
- Bier v. DozierSupreme Court of Virginia · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Downey v. Northern Pacific Ry. Co.Montana Supreme Court · 1924
- Elk Grove v. Four CornersMontana Supreme Court · 2020