Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 56
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...assert its invalidity, nor rescind on the ground of fraud and recover payments already made. Same--Indebtedness--Presumption Against. 13. Where one borrows money from another upon a promise to repay him but makes no mention of a debt claimed to be due him from the latter, the presumption arises that the lender is not indebted to the borrower. Same--Presumpti0n That Writing Contains All Engagements. 14. Where a contract supplemental to one made for the sale of lands recited that it was made for the purpose of granting the buyer addi-tional time in which to make payment, it precluded the idea that it was made for any other purpose, and in the absence of allegation of mistake or other imperfection, the presumption is conclusive that the writing contained all the engagements then made by the parties. Same--Breach--Recovery of Part Payments--Complaint--Immaterial Allegations. 15. Allegations in an action to recover money paid on a contract of sale of lands on the theory that the vendor had breached, to the effect that defendant had excluded plaintiff from possession of the land, had threatened his life and that of his agent, and attempted by force to drive them from the premises, eic., were immaterial, where by express stipulation in the contract defendant was to remain in exclusive possession and control of the property until delivery of deed to 'plaintifl'. Same--Breach--Recovery of Part Payments--Nature of Action. 16. Upon a breach by the vendor of a contract to convey, the vendee may abandon the engagement and sue for the amount paid thereon, as for money held by the vendor for his use and benefit. Appeal frorn District Court, Fergus County; Roy E. Ayers, Judge. ACTION by Sara A. Crawford against Allen Pierse and another, ...
- Paperback | 268 pages
- 189 x 246 x 14mm | 485g
- 13 Sep 2013
- Illustrations, black and white