(Download) "Hunt Et Al. v. S Y Cattle Co." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hunt Et Al. v. S Y Cattle Co.
- Author : Supreme Court of Montana
- Release Date : January 16, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Contracts ? Oral Agreements ? Failure to Reduce to Writing as Stipulated ? Effect ? Alteration of Written Contract by Executed Oral Agreement ? Pleading ? Appeal and Error. Contracts ? Written Contract ? Alteration by Executed Oral Agreement ? Pleading. 1. Where plaintiff in an action on a written contract relies upon an alteration thereof by a subsequent executed oral agreement, he must plead it; in the absence of such a pleading, testimony of the alteration is inadmissible. Appeal and Error ? Theory of Case. 2. The theory upon which a party tries his case in the district court may not be changed by him on appeal. - Page 595 Same ? Supreme Court Decision ? How Language to be Interpreted. 3. Language used by the supreme court in the decision of a case must be interpreted in the light of the facts presented in the case. Contracts ? Verbal Agreement ? Stipulation for Subsequent Execution of Writing ? Failure to Reduce to Writing ? Effect. 4. Where the parties verbally agree upon the terms of a contract but stipulate that it is not to be binding until put in writing, it does not constitute a binding agreement until reduced to writing; but where they intend that the agreement shall be binding from the time it is made with the understanding that later, when convenient, its terms shall be put in writing and signed as a memorial or record of their contract, failure to thereafter reduce it to writing does not affect its binding force. (Language used in Hopkins v. Paradise H.F.G. Assn., 58 Mont. 404, intimating the contrary, overruled.) Same. 5. Held, under the above rule (par. 4), that where immediately after the expiration of a written contract for the running of cattle plaintiff and defendant verbally agreed on a round-up, that plaintiff should continue taking care of the cattle, nothing being left for further settlement, and that the agreement should be reduced to writing when the round-up was over and it was convenient for them to meet in town, the fact that the writing was not thereafter executed did not render the agreement unenforceable, and the courts action in striking evidence tending to establish it was error.