Ashley v. Rocky Mountain Bell Telephone Co.
Montana Supreme Court
Appeal from District Court, Lends and Clarke County; H. ■C. Smith, Judge. Action by li. H. Asliley against the Rocky Mountain Beil Telephone Company, for damages caused by a breach of contract in removing a telephone rented to plaintiff. From a judgment in favor of plaintiff, and from an order denying a motion for new trial, the defendant appeals. In the original contract no place ivas designated where the rentals should be paid.
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Appeal from District Court, Lends and Clarke County; H. ■C. Smith, Judge. Action by li. H. Asliley against the Rocky Mountain Beil Telephone Company, for damages caused by a breach of contract in removing a telephone rented to plaintiff. From a judgment in favor of plaintiff, and from an order denying a motion for new trial, the defendant appeals. In the original contract no place ivas designated where the rentals should be paid. It ivas therefore alleged and proven that it- was the usage and custom of the company to receive its rentals at the place where its telephones were affixed. This did…
1Opinion of the CourtJustice Milburn
This is an appeal from a judgment in favor of plaintiff and from an order denying defendant’s motion for a new trial. The action is for alleged breach of contract.
The complaint alleges that the plaintiff and the defendant -on April 10, 1894, entered into a written contract, which is set out at large in the complaint. This contract was for the use of a telephone belonging to the defendant company, for which use the plaintiff was to pay the sum of <$15 per quarter in advance and $1 additional for an extension bell, the rental all to be paid on the first day of each quarter. Among other filings,…
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