[Download] "J.M. Hamilton Co. v. Battson" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: J.M. Hamilton Co. v. Battson
- Author : Supreme Court of Montana
- Release Date : January 10, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Real Property ? Vendor and Purchaser ? Breach of Contract of Sale ? Remedies Available Where Specified in Contract as Exclusive and Where not ? Time of Essence of Contract ? Meaning of Term ? Action to Recover Balance of Contract After Breach by Vendee ? Performance on Part of Vendor ? Pleading ? Appeal ? Correct Conclusion, Wrong Reason Rule ? Cross-assignments of Error ? When not Available to Respondent. Real Property ? Vendor and Purchaser ? Contract of Sale ? Breach ? Remedies Available ? Rule Where Remedy Specified and Where not. 1. Where a contract of sale of real property specifically provides that the remedies specified therein, in case of breach of its provisions, shall be the only course of settlement thereunder, the parties to the contract are limited to such remedies; but where it provides for a definite and specific remedy, without any limitation making it exclusive, a party may pursue such specific remedy and also any other remedy the law may afford; pursuit of one of the afforded remedies, however precludes recourse to any other. Same ? Contract of Sale ? Provision That Time of Essence of Contract ? Meaning of Provision. 2. The provision of a contract of sale of real property on deferred payments, making time of the essence thereof, means that exact compliance - Page 584 with the terms of the contract is essential to the right of one of the parties to require counter-performance by the other. Same ? Breach of Contract by Vendor ? Time of Essence of Contract ? When Provision not Waived by Subsequent Payments Under Contract. 3. Where the vendor of real property had failed to pay delinquent taxes due thereon as he had agreed to do, the provision of the contract making time of the essence of it was not waived by the vendee in thereafter continuing to make certain payments on the principal of the debt due; hence the default of the vendee not having arisen until after the vendor had breached the contract, the latter could not demand performance at the hands of the former. Same ? Breach of Contract by Vendee ? Action to Recover Balance Due ? Plaintiff must Plead and Prove Performance. 4. While in an action for the rescission or cancellation of a land contract plaintiff need not plead and prove performance on his part, in one by the vendor to recover the balance due on the purchase price under the contract on default of the vendee, he must so plead and prove. Appeal from Judgment in Cause Tried by Court Alone ? Erroneous Admission of Evidence ? Presumption on Appeal. 5. On appeal from a judgment in an action tried without a jury, it will be presumed that if error was committed in the admission of testimony, the trial court disregarded it in making its findings. Same ? Correct Result, Wrong Reason Rule. 6. Where the correct conclusion was reached by the district court, it is immaterial on appeal upon what ground it based its decision. Same ? Cross-assignments of Error ? Purpose of Statute ? When Such Assignments not Available to Respondent. 7. The purpose of section 9751, Revised Codes 1921, authorizing cross-assignments by respondent upon error in rulings adverse to him, preserved in the bill of exceptions, is to enable the supreme court to determine whether errors complained of by appellant were compensated or rendered harmless by those urged by respondent; hence, where the complaint consisted of two causes of action each relating to separate transactions independent of each other, cross-assignments relating to the trial of the one could not compensate or render harmless error committed in the trial of the other, and therefore such assignments were not available to respondent.