(Download) "State v. Lane" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Lane
- Author : Supreme Court of Montana
- Release Date : January 16, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Plaintiff brought this action in Flathead County District Court to recover the price of potatoes sold and delivered to defendant, alleging that the defendant had breached a contract for the sale of approximately 811,500 pounds of potatoes grown by the plaintiff on its Flathead Valley farm. Personal service was made upon the defendant in Jerome County, Idaho, where he resides. Pursuant to Rule 4B(1), M.R.Civ.P., the defendant moved for dismissal on the ground that the court lacked jurisdiction over him, but the motion was denied. Defendant then answered, alleging that the parties had contracted only for the sale of approximately 50,000 pounds (one truckload) of potatoes, and that this contract had been fully performed. The defendant further alleged that after this contract had been performed, the plaintiff requested that the defendant purchase the remainder of its 1977 potato crop. The defendant alleged that he declined this offer, but agreed to help "move" some of the plaintiffs potatoes into the market, thereby creating the customary merchant and grower commission relationship. The defendant also counterclaimed for his costs and expenses.
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