Hogan v. Shuart
Montana Supreme Court
Appeal from Seventh Judicial District, Yellowstone County. Action for tbe purchase price of sheep. The cause was tried before Milburn, J. Defendant had judgment below. I. Evidence of what part of the band of sheep sold for is relevant, material, and proper on cross-examination when the issue is a question of damages for an alleged breach of warranty.
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Appeal from Seventh Judicial District, Yellowstone County. Action for tbe purchase price of sheep. The cause was tried before Milburn, J. Defendant had judgment below. I. Evidence of what part of the band of sheep sold for is relevant, material, and proper on cross-examination when the issue is a question of damages for an alleged breach of warranty. The respondent is bound to account for the value of the chattel sold, and not only for the purpose for which he purchased it, but for any purpose whatever. (Aultman v. Mickey, 41 Kan. 348.) II. The giving of instruction No. 9 was error, (a) It is…
1Opinion of the CourtBlake, C. J.
The complaint alleges: “(1) That on or *502about the twenty-second day of July, 1890, at the county of Park, in the State of Montana, plaintiffs sold and delivered to defendant, at his special instance and request, the following personal property, to wit, 45 head of bucks, at the agreed price of $5 per head, $225; 1,404 head of lambs, at the agreed price of $1.50 per head, $2,106; 1,469 ewes, at the agreed price of $2.75 per head, $4,039.75, — amounting in all to $6,370.75. (2) That defendant agreed to pay plaintiffs for said bucks, lambs, and sheep, on delivery to defendant, the said sum of…
2Cases cited12 opinions
- People v. WelchCalifornia Supreme Court · 1874
- Whitney v. . AllaireNew York Court of Appeals · 1848
- People v. VasquezCalifornia Supreme Court · 1875
- Long v. StateNebraska Supreme Court · 1888
- M. J. Atkins & Co. v. CobbSupreme Court of Georgia · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Robinson v. F. W. Woolworth Co.Montana Supreme Court · 1927
- Tanner v. SmithMontana Supreme Court · 1934
- Bohrer v. ClarkMontana Supreme Court · 1978
- Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
- Murphy v. PhelpsMontana Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.