Charles Schatzlein Paint Co. v. Passmore
Montana Supreme Court
Appeal from District Court, Silver Bow County; John Lind^ say, Judge. AotioN by the Charles Sehatzlein Paint Company against C. S. Passmore, doing business as Passmore & Co. Prom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The complaint does not state facts sufficient to constitute a cause’of action. It is a settled rule of pleading that performance by plaintiff: of conditions precedent must be alleged. (4 Enc.
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Appeal from District Court, Silver Bow County; John Lind^ say, Judge. AotioN by the Charles Sehatzlein Paint Company against C. S. Passmore, doing business as Passmore & Co. Prom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The complaint does not state facts sufficient to constitute a cause’of action. It is a settled rule of pleading that performance by plaintiff: of conditions precedent must be alleged. (4 Enc. PI & Prac. 628, and cases cited; Loup v. Cal. 8. Ry. Co.,-63 Cal. 97; Holmes v. Richet, 56 Cal. 307; Cox v. McLaughlin, 63 Cal. 196; 4 Enc. PL &…
1Opinion of the Court
PIP. JUSTICE PIGOTT
delivered tlie opinion of the court.
These are appeals by the defendant from the final judgment entered against him and an order denying his motion for a new trial.
1. The action u as commenced in the court of a justice of the peace', where a judgment was rendered. From that judgment an appeal was taken to the district court, where, upon a trial de novo-, the present judgment was given and entered on October 28, 189S. Notice of appeal therefrom to this court was served on April 20, 1899, and filed on April 22, 1899. Subdi visit n 2 of Section 1123 of the Code of Civil…
2Cases cited4 opinions
- Gallagher v. CorneliusMontana Supreme Court · 1899
- Morris v. McLaughlinMontana Supreme Court · 1901
- Madigan v. HarringtonMontana Supreme Court · 1902
- Warren v. HumbleMontana Supreme Court · 1902
3Cited by7 opinions
- Lehane v. Butte Electric Ry. Co.Montana Supreme Court · 1908
- Murray v. City of ButteMontana Supreme Court · 1907
- O'Rourke v. Grand Opera House Co.Montana Supreme Court · 1913
- Campbell v. City of Great FallsMontana Supreme Court · 1902
- Leggat v. GerrickMontana Supreme Court · 1907
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