McCormick v. Shields
Montana Supreme Court
Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by Agnes McCormick and another against E. S. Shields. Judgment for plaintiffs and defendant appeals from it and an order denying his motion for a new trial.
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Appeals from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by Agnes McCormick and another against E. S. Shields. Judgment for plaintiffs and defendant appeals from it and an order denying his motion for a new trial. The court erred in striking from the answer of defendant the affirmative matter pleaded therein and thereafter, upon the trial, sustaining objection to appellant’s offer of proof which was in support of the allegations of said affirmative defense. (Sees. 7188, 7099, Rev. Codes 1907; Peterson v. City of Butte, 44 Mont. 129, 120 Pac. 231; Murray v. City of Butte,…
1Opinion of the Court
MR. COMMISSIONER HORSKY
prepared the opinion for the court.
On November 23, 1919, plaintiffs commenced an action in the district court of Silver Bow county, Montana, against the defendant to recover the sum of $500 and interest from August 12, 1918. Plaintiffs alleged in their complaint that they were the owners of certain real property situated in Silver Bow county; that the defendant, through Mary Sullivan, mother of the plaintiffs, was engaged to and did sell said property to one James Keefe, for the sum of $1,000, for *11the sale of which property the defendant was entitled to a commission of…
2Cases cited2 opinions
- Peterson v. City of ButteMontana Supreme Court · 1911
- Murray v. City of ButteMontana Supreme Court · 1915
3Cited by5 opinions
- Reickhoff v. Consolidated Gas Co.Montana Supreme Court · 1950
- Flatt v. NormanMontana Supreme Court · 1932
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- McDonald v. McDonaldMontana Supreme Court · 1950
- McDonald v. McDonaldMontana Supreme Court · 1950