Southmayd v. Southmayd
Montana Supreme Court
Appeal from First District, Madison County. I. The court below found every issue of fact raised by the pleadings in favor of' the appellant.
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Appeal from First District, Madison County. I. The court below found every issue of fact raised by the pleadings in favor of' the appellant. (a) That the defendant made a verbal contract with the plaintiff in March, A. D. 1870, immediately after the purchase orally, by said defendant, of a one-third interest in the mining ground described in the complaint, of one A. C. Hall, to sell the said one-third interest to plaintiff, and to convey the same to him whenever, and as soon as, the proceeds arising from the working of said ground should equal the sum of $8,800; the said defendant to receive…
1Opinion of the CourtGalbkaith, J.
In view of our final conclusion in this case, the arguments presented by counsel require that we should consider:
1st. An objection urged by the respondent in relation to a variance in some particulars between the allegations of the petition and the findings of the court.
2d. An objection urged also by the respondent that the complaint does not contain an averment of possession of the subject of the controversy by the appellant, and will not, therefore, support a judgment.
3d. As to whether or not the conclusions of law, and the consequent judgment of the court, are warranted by the findings of…
2Cases cited5 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Settembre v. PutnamCalifornia Supreme Court · 1866
- Case v. CoddingCalifornia Supreme Court · 1869
- Dikeman v. NorrieCalifornia Supreme Court · 1868
- Frederick v. HaasNevada Supreme Court · 1870
3Cited by11 opinions
- Munsey v. Mills & GarittyTexas Supreme Court · 1926
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Adams v. ManningUtah Supreme Court · 1915
- Congdon v. OldsMontana Supreme Court · 1896
- Kalispell Liquor & Tobacco Co. v. McGovernMontana Supreme Court · 1906
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