Galvin v. Mac Mining & Milling Co.
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action to recover the value of stock sold to defendant, and to recover tbe amount of plaintiff’s note which defendant had assumed aud agreed to pay. The cause was tried before Hunt, J. Plaintiff had judgment below.
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Appeal from First Judicial District, Lewis and Clarice County. Action to recover the value of stock sold to defendant, and to recover tbe amount of plaintiff’s note which defendant had assumed aud agreed to pay. The cause was tried before Hunt, J. Plaintiff had judgment below. I. The first question presented for the consideration of the court is, Are the allegations of the complaint, upon which the first cause of action is based, supported by the evidence? In considering this question it is necessary to inquire under what circumstances a party can waive the tort and sue in assumpsit, where…
1Per curiam
In this action plaintiff alleges sale and delivery by him, and purchase by defendant, of seven thousand four hundred and sixty-eight shares of the capital stock of the defendant company, of the reasonable value of two thousand three hundred and forty dollars and forty cents, but that defendant has failed to make payment therefor; wherefore judgment is demanded for recovery of that sum. And for a second cause of action plaintiff alleges a transaction whereby he claims defendant became indebted to him in the sum of one thousand two hundred and twenty-six dollars, with certain interest thereon,…
2Cases cited1 opinion
- Lang v. CadwellMontana Supreme Court · 1893
3Cited by7 opinions
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- First National Bank of Butte v. SilverMontana Supreme Court · 1912
- Crown Cycle Co. v. BrownOregon Supreme Court · 1901
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