Jenderson v. Hansen
Montana Supreme Court
Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by R. E. Jenderson against R. E. Hansen. Judgment for the defendant, and plaintiff appeals from it and an order overruling his motion for a new trial. One of the requisites, on the part of a purchaser, for breach of contract, before bringing an action is that he must be able to perform the conditions, and especially the concurrent conditions to be performed by him.
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Appeal from District Court, Powell County; Geo. B. Winston, Judge. Action by R. E. Jenderson against R. E. Hansen. Judgment for the defendant, and plaintiff appeals from it and an order overruling his motion for a new trial. One of the requisites, on the part of a purchaser, for breach of contract, before bringing an action is that he must be able to perform the conditions, and especially the concurrent conditions to be performed by him. (Sec. 4903, Rev. Codes; Porter v. Plymouth Gold Min. Co., 29 Mont. 360, 101 Am. St. Rep. 569, 74 Pae. 938; Granay v. McCleese, 2 Jones (N. C.), 142, 64 Am.…
1Opinion of the CourtJustice Sanneb
Appeal by plaintiff from a judgment entered against him on a verdict of the jury, and from an order overruling his motion for new trial. His contentions are: That the verdict and judgment are not warranted by the evidence; that the court erred in certain rulings upon the exclusion and admission of testimony; that the court erred in refusing a certain offered instruction numbered 13.
The action is upon a contract entered into in February, 1912, incompletely evidenced by the following memorandum delivered to plaintiff by defendant: “This is to show that I have sold one car of oats to be loaded…
2Cases cited2 opinions
- Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
- Barrett v. MagnerSupreme Court of Minnesota · 1908
3Cited by2 opinions
- Montana Livestock & Loan Co. v. StewartMontana Supreme Court · 1920
- Weatherman v. ReidMontana Supreme Court · 1922