Hicks v. Rupp
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by James H. Hicks and another against Albert Rupp and others. From a judgment dismissing the action, and from an order denying a new trial, plaintiffs appeal.
1Opinion of the CourtChief Justice Brantly
This action was brought to have canceled a contract for the sale of real estate and personal property, and for damages. A demurrer interposed to the complaint having been overruled, issues were made up by answer thereto and reply. At the trial, however, when the plaintiffs offered evidence to sustain their allegations, the defendants objected to its introduction, on the ground that the complaint did not state a cause of action. The objection was sustained. Thereupon, after a formal offer of proof by plaintiffs which was rejected, the court dismissed the action, and ordered judgment for the…
2Cases cited11 opinions
- Castro v. BarryCalifornia Supreme Court · 1889
- State v. SnyderTexas Supreme Court · 1886
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Donovan v. McDevittMontana Supreme Court · 1907
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Grant v. NihillMontana Supreme Court · 1922
- Reed v. Woodmen of the WorldMontana Supreme Court · 1933
- Wing v. BrasherMontana Supreme Court · 1921
- McNamer Realty Co. v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
13 more not listed; retrieve them via the Exa API.