Bosanatz v. Ostronich
Montana Supreme Court
Appeal from District Court, Madison County; Jos. C. Smith, Judge. Suit by George Bosanatz against Mike Ostronich. Judgment for defendant and plaintiff appeals. We contend this is an action for the recovery of specific real property under section 6724, Revised Codes. To determine this question, the sole concern of the court is to determine the main purpose of the action.
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Appeal from District Court, Madison County; Jos. C. Smith, Judge. Suit by George Bosanatz against Mike Ostronich. Judgment for defendant and plaintiff appeals. We contend this is an action for the recovery of specific real property under section 6724, Revised Codes. To determine this question, the sole concern of the court is to determine the main purpose of the action. This question is not at all determined by the nature of the action or by the relief demanded, and is determined by the allegations of the complaint and the object sought. The allegations of this complaint is the deraignment of…
1Opinion of the CourtJustice Matthews
The appellant alleged that prior to March 8, 1914, he had become familiar with the value and quantity of ore disclosed in the Elenora lode claim, containing ore of a value in excess of $35,000, of which there was partly blocked out and exposed ore of the value of more than $10,000; that on said date he disclosed his knowledge to respondent, and that they then entered into an oral agreement to go to the claim, make an examination, and, if desirable, make an effort to purchase the claim, the respondent to advance $1,000 or so much thereof as should be necessary to make the first payment; that…
2Cases cited8 opinions
- Winslow v. DundomMontana Supreme Court · 1912
- Story v. BlackMontana Supreme Court · 1883
- Wetzstein v. LargeyMontana Supreme Court · 1902
- Ingalls v. AustinMontana Supreme Court · 1889
- Boyd v. HuffineMontana Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Langston v. CurrieMontana Supreme Court · 1933
- Sanger v. HuguenelMontana Supreme Court · 1922
- Steiner v. McMillanMontana Supreme Court · 1921
- State Ex Rel. United States Fidelity & Guaranty Co. v. District CourtMontana Supreme Court · 1926
- Kummrow v. Bank of Fergus CountyMontana Supreme Court · 1923
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