Harris v. Root
Montana Supreme Court
Appeal from, District Court, Silver Bow Cov/nty; B. W. Hor-ney, Judge. Action by John S'. Harris, as administrator of the estate of Eobert G. Ingersoll, deceased, against Henry, A. Eoot and others. From a judgment for defendants, and from two certain orders made after judgment, plaintiff appeals. STATEMENT OE THE GaSE.
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Appeal from, District Court, Silver Bow Cov/nty; B. W. Hor-ney, Judge. Action by John S'. Harris, as administrator of the estate of Eobert G. Ingersoll, deceased, against Henry, A. Eoot and others. From a judgment for defendants, and from two certain orders made after judgment, plaintiff appeals. STATEMENT OE THE GaSE. In this action the plaintiff seeks to recover a judgment against the defendants Eoot and C'orami for $06,000, a balance alleged to be due for legal services rendered as attorney to> the said der fendants by Eobert G. Ingersoll, plaintiff’s intestate, with interest thereon from…
1Opinion of the Court
MR. CHIEE JUSTICE PRANTLY,
after stating the case, delivered the opinion of the court.
1. The action of the court in sustaining the defendants’ objection to the evidence presents for decision the question whether the allegations in the complaint which we have stated in substance warrant recovery by the plaintiff. The complaint declares upon the contract, and unless it appears therefrom that the plaintiff’s intestate fully performed the contract on his part, or facts and circumstances are alleged justifying a failure in any particular, a recovery cannot be had. The contract is clear *166and explicit…
2Cases cited10 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Tenney v. . BergerNew York Court of Appeals · 1883
- French v. CunninghamIndiana Supreme Court · 1898
- Preston v. HillCalifornia Supreme Court · 1875
- Finlen v. HeinzeMontana Supreme Court · 1902
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3Cited by22 opinions
- Sundheim v. Beaver County Building & Loan Ass'nSuperior Court of Pennsylvania · 1940
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
- Ramey v. GravesWashington Supreme Court · 1920
- Southworth v. RosendahlSupreme Court of Minnesota · 1916
- Sutton v. LowryMontana Supreme Court · 1909
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