Brazell v. Cohn
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Thomas F. Brazell against Louis S. Oohn and others. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant Cohn appeals.
Read the full summary
Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by Thomas F. Brazell against Louis S. Oohn and others. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant Cohn appeals. The court erred in overruling the objection that the complaint did not state facts sufficient to constitute a cause of action, in that the assignee of the contract never duly or at all performed the obligations in the said contract on him binding. The plaintiff may allege and prove a contract and that he either performed or offered to perform his part…
1Opinion of the CourtJustice Holloway
*560The complaint in this action alleges that in November, 1899, one Charles Collins, who was then the owner of a certain dairy ranch and dairy business in Silver Bow county, entered into a contract in writing with the defendants, Cohn and Box, by which Collins agreed to sell all the milk then produced by his dairy to the defendants, and not to sell to anyone else. Collins then owned twenty-three cows, and the contract limited any increase in that number to ten per cent of the number then on hand, and limited the amount of milk which the defendants were obligated to purchase under the contract to…
2Cited by8 opinions
- Carlson v. Stone-Ordean-Wells Co.Montana Supreme Court · 1910
- Church v. ZywertMontana Supreme Court · 1920
- Sciutti v. Union Pac. Coal Co.Utah Supreme Court · 1906
- Whitelaw v. VallanceMontana Supreme Court · 1921
- Gerace v. BentleySuperior Court of The Virgin Islands · 2015
3 more not listed; retrieve them via the Exa API.