Hughes v. Mullins
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Action by Elmer Hughes against Pat Mullins. 'Judgment for defendant, and plaintiff appeals.
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Appeal from District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Action by Elmer Hughes against Pat Mullins. 'Judgment for defendant, and plaintiff appeals. If it could be said that there was any contract contained in the writing which was questionable on the ground of public policy, the contract upon which the plaintiff relies, and which is included therein, is separate and divisible from the balance of the agreement, and constitutes a contract between the plaintiff and defendant, wherein, at the defendant’s solicitation and request, the plaintiff agreed that he would assist the…
1Opinion of the CourtJustice Holloway
This is an action on a contract to recover the sum of $50,000. The amended complaint alleges that in 1902 the defendant herein, Mullins, commenced two certain actions in the district court of Silver Bow county against the Boston and Montana Consolidated Copper and Silver Mining Company, designated in the records of that court as 10,209 and 10,211. In the first of these Mullins claimed in his complaint, in effect, that at one time he had a lease upon the Comanche lode mining claim with an option to purchase the same; that the Boston and Montana company procured one C. M. Allen to obtain from…
2Cases cited3 opinions
- Huyett & Smith Manufacturing Co. v. Chicago Edison Co.Illinois Supreme Court · 1897
- Quirk v. MullerMontana Supreme Court · 1894
- Nichols & Shepard v. CharleboisNorth Dakota Supreme Court · 1901
3Cited by8 opinions
- Manufacturers & Merchants Inspection Bureau v. Everwear Hosiery Co.Wisconsin Supreme Court · 1913
- Thatcher v. DarrWyoming Supreme Court · 1921
- Mattison v. ConnerlyMontana Supreme Court · 1912
- United States Building & Loan Ass'n v. BurnsMontana Supreme Court · 1931
- Haley v. HollenbackMontana Supreme Court · 1917
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