[Download] "Dick v. King" by Supreme Court of Montana # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Dick v. King
• Author : Supreme Court of Montana
• Release Date : January 01, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Written Contracts ? Interpretation ? When Testimony Inadmissible ? Real Property ? Brokers Contract ? Statute of Frauds ? Witnesses ? Party cannot Contradict Own Witness ? Counterclaims. Witnesses ? In Absence of Showing of Surprise Party Producing Witness cannot Contradict His Testimony. 1. Before a party producing a witness may contradict his testimony he must make a showing that he was misled or taken by surprise by what the witness said. Contracts ? Evidence of Meaning not Permissible if Writing Free from Doubt ? Admission of Testimony ? When Harmless Error. 2. Resort to evidence as to the meaning of a written contract is never to be had when the meaning is free from doubt, and permitting a witness to testify as to his construction of such an instrument was error, but harmless, where the jury did not pass upon the evidence and returned a directed verdict. Same ? Counterclaim Based upon Superseded Contract not in Existence at Time of Commencement of Action not Maintainable. 3. A counterclaim must be in existence and matured at the time of the commencement of the action in which it is pleaded; therefore, where a counterclaim was based upon a contract which had been superseded by a subsequent one, the court properly excluded testimony offered in support of it. Same ? Evidence to Vary or Contradict Terms of Written Instrument. 4. Where a party sui juris makes a contract which is free from doubt and the validity of which is not attacked, abrogating a former one, and in it specific provision is made for settlement for work done by him under the first, he will not be permitted to introduce evidence to vary or contradict its terms by showing that there still existed liability in the other party for work done under the first. Same ? Courts cannot Relieve Party of Bad Bargain. 5. The mere fact that a party who was sui juris when he signed a contract made a bad bargain which imposes a hardship upon him does not justify a court in relieving him of his obligation under it. - Page 457 Contracts ? Sale of Real Property on Commission ? Statute of Frauds ? Parol Testimony Inadmissible. 6. A contract to sell real estate belonging to another for a compensation must, under section 7519, Revised Codes, be in writing, otherwise it is void; and where such a contract is in parol, testimony in support of a cause of action based upon it is inadmissible.

Free Download "Dick v. King" PDF ePub Kindle