Ellinghouse v. Hansen Packing Co.
Montana Supreme Court
Appeal from District Court, Madison County; Joseph C. Smith, Judge. Action by Walter Ellinghouse against the Hansen Packing Company. Judgment for plaintiff, and from it and a denial of a new trial, defendant appeals. Cause submitted on briefs of Counsel.
1Opinion of the CourtJustice Holloway
In his complaint plaintiff alleged that on February 4, 1921, he sold and delivered to defendant twenty-four head of cattle at the agreed price of $1,813.79, and that defendant failed and refused to pay for the same. By its answer the defendant admitted that plaintiff sold and delivered to it the twenty-four head of cattle described in the complaint, but denied that there was anything due on the purchase price, “as more fully appears in the affirmative defenses and counterclaims hereinafter set forth.” It then set forth two counterclaims. By the first it alleged that on January 20, 1919,…
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