155 P. 974 | Mont. | 1916
delivered the opinion of the court.
Plaintiffs purchased from the defendant certain cattle, evidencing the transaction by an agreement in writing. They em
This action was brought to recover damages, the theory of the complaint being that the defendant had failed to make delivery according to the terms of his agreement. From a judgment in favor of plaintiffs for $2,100 and from an order denying him a new trial, the defendant appealed.
The pleadings do not raise any issue of fraud, accident or mistake in the execution of the agreement. In their complaint the plaintiffs rely upon the written contract, and in his answer the defendant relies upon it as well. Singularly enough, upon the
The order overruling the motion for a new trial is affirmed; the cause is remanded to the district court, with directions to
Modified and affirmed.