Fraser v. Clark

MR. JUSTICE ANGSTMAN:

(dissenting).

Here the written contract provided that the deed and other legal papers be held in escrow at the Security Trust & Savings Bank of Billings and that “payments will be made there.”

*188It also provided that the vendor shall “deposit with the Security Trust & Savings Bank at Billings” a deed legally sufficient to vest title in the vendee.

Hence the contract by its terms was to be performed in Yellowstone County.

We have repeatedly held that even though the contract be silent as to place of performance it is properly triable in the county of the creditor’s residence…