[DOWNLOAD] "Gilmore v. Mulvihill Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Gilmore v. Mulvihill Et Al.
• Author : Supreme Court of Montana
• Release Date : January 19, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Sales ? Livestock ? Sheep ? Breach of Contract ? When Animals not in "Good Merchantable Condition" ? Buyer Held Entitled to Recovery of Advance Payment ? Verdicts not to be Technically Construed ? General Verdict ? Right of Court to Correct Verdict. Sales of Livestock ? Sheep ? Meaning of "Good Merchantable Condition." 1. Under a contract of sale of five-year-old ewes, it is common knowledge that toothless ewes are not in "good merchantable condition." Same ? Breach of Contract ? Advance Payment ? Right to Recover. 2. Where, in an action by the buyer of sheep against the seller for breach of the contract the latter admitted in his cross-complaint that the former had made an advance payment when the contract was made the payment thereof was not in issue, although the right to recover it was. Verdicts ? When Supreme court on Appeal will not Interfere. 3. If a verdict is supported by substantial evidence the supreme court on appeal may not invade the province of the jury, and the credibility of witnesses and the weight to be given to their testimony is for the jurys determination. Same ? Not to be Technically Construed ? What may be Referred to in Arriving at Intention of Jury. 4. Verdicts are not to be technically construed but must be given such a reasonable construction as will carry out the obvious intention of the jury, and in arriving at their intention, reference may be had to the issues made by the pleadings, the instruction submitted by the trial court and the evidence introduced; and if in view of the whole record such intention is manifest, the verdict should be allowed to stand. Same ? General Verdict ? Includes All Issues Raised by Pleadings, When. 5. A general verdict in favor of a party is a finding on every material fact properly submitted to the jury for its consideration; the universal rule being that where the verdict finds the issues in favor of a particular party, such finding necessarily includes all issues raised by the pleadings. Same ? Right of Court to Correct Verdict. 6. Where, in an action for breach of an executory contract of sale of sheep, it appeared that plaintiff buyer had made a down payment and one of the issues was whether he, in addition to the recovery of damages, was entitled to recover such payment, and the jury returned a general verdict finding the issues in favor of plaintiff and awarding him damages, but making no mention of his right to recover the down payment contrary to the courts instructions, it was competent for - Page 602

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