Legal Opinion

McCaull-Dinsmore Co. v. Stevens

Montana Supreme Court

Decided February 21, 1921No. 4,245PublishedCited by 15 opinions

Appeals from District Court, Choutem County; J. B. Leslie, Judge. Action by the McCaull-Dinsmore Company against Geo. H. Stevens. From a judgment for plaintiff and an order denying Mm a new trial, defendant appeals. The alleged contracts sued upon are void; they are not subscribed by the plaintiff. The signatures of both parties to a 'contract must be subscribed, otherwise the contract lacks mutuality and is void for want of consideration.

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Appeals from District Court, Choutem County; J. B. Leslie, Judge. Action by the McCaull-Dinsmore Company against Geo. H. Stevens. From a judgment for plaintiff and an order denying Mm a new trial, defendant appeals. The alleged contracts sued upon are void; they are not subscribed by the plaintiff. The signatures of both parties to a 'contract must be subscribed, otherwise the contract lacks mutuality and is void for want of consideration. (Ryan v. 'Dunphy, 4 Mont. 342, 1 Pac. 710; Reid v. Alaska Packing Assn., 43 Or. 429, 73 Pac. 337; Ranche v. Morrison, 37 Mont, 244-247, 95 Pae. 1061; 20…

1Opinion of the CourtJustice Holloway

The complaint sets forth three causes of action, all in identical terms except so far as the amounts involved are concerned. The first counts upon a contract dated July 28, 1914, for the sale and delivery of 30,000 bushels of wheat, at 73y2 cents per bushel; the second upon a contract dated July *21129, 1914, for 4,000 bushels, at 70 cents per bushel, and the third upon- a contract dated July 30, 1914, for 8,000 bushels, at 75 cents per bushel. The complaint discloses the amount delivered -on each contract, the amount not delivered, and the consequent damages. The same defense was made to each…

2Cases cited10 opinions

  1. Peugh v. DavisSupreme Court of the United States · 1878
  2. Brick v. BrickSupreme Court of the United States · 1879
  3. Hutchins v. . HebbardNew York Court of Appeals · 1865
  4. Koerner v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
  5. Bartholomew v. FellSupreme Court of Kansas · 1914

5 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Thisted v. Country Club Tower Corp.Montana Supreme Court · 1965
  2. Smith v. Fergus CountyMontana Supreme Court · 1934
  3. Scott v. PrescottMontana Supreme Court · 1924
  4. Barkemeyer Grain & Seed Co. v. HannantMontana Supreme Court · 1923
  5. Bell v. MulkeyCourt of Appeals of Texas · 1928

10 more not listed; retrieve them via the Exa API.

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