Carlson v. Barker
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Emil Carlson against David L. S. Barker. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Defendant having failed to interpose a special demurrer to the complaint on the ground of indefiniteness, he will not be heard to complain on appeal.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Emil Carlson against David L. S. Barker. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Defendant having failed to interpose a special demurrer to the complaint on the ground of indefiniteness, he will not be heard to complain on appeal. (Grane v. Grassman, 27 Mich. 443; Kean v. Mitchell, 13 Mich. 207; Dickinson v. Dustin, 21 Mich. 561.) A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it. (9 Cyc.…
1Opinion of the CourtJustice Smith
This is an appeal from a judgment of the district court of Cascade county, and an order denying the defendant a new trial. The jury returned a verdict in favor of the plaintiff for the full amount demanded in the complaint. It is believed that a reference to the pleadings and the charge of the court will be sufficient to explain the nature of the action and the questions involved on the appeal, without any extensive recital of the evidence. The complaint reads as follows:
“The plaintiff complains of the defendant and alleges:
“First. That during the times hereinafter mentioned, the defendant,…
2Cases cited1 opinion
- McCormick v. JohnsonMontana Supreme Court · 1904