23 Mont. 27 | Mont. | 1899
— This action was brought to foreclose a lien in the nature of a mortgage upon certain real and personal
One of the defenses interposed is that the defendant J. W. Cornelius, while an alderman of Great Falls, entered Into the contract with that city, which is mentioned in the complaint; that the contract was awarded to said Scotten for the benefit of Cornelius, who was the real party in interest; that plaintiffs well knew these facts, and that the present suit is founded upon certain agreements and conveyances which were made
The appeal from the judgment is dismissed. The order refusing a new trial is affirmed. Let remittitur issue forthwith.
Affirmed.