(Download) "Brubaker v. Dorazi" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Brubaker v. Dorazi
- Author : Supreme Court of Montana
- Release Date : January 15, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1. Appeal and error ? Findings presumed correct in absence of bill of exceptions. The trial courts findings of fact, in the absence of a bill of exceptions, will be presumed to be supported by the evidence and the pleadings deemed amended to conform to the proof. 2. Appeal and error ? Inquiry of court restricted in absence of bill of exceptions. Where the record contained no bill of exceptions and the evidence was not before the Supreme Court, its inquiry on appeal must be restricted to the question of whether the determining conclusions of law and the decree were justified by the facts as found by the trial court. 3. Reformation of instruments ? Proof necessary for reformation. Proof that failure of the contract to express true intention of the parties was the result of fraud, mutual mistake, or a mistake of one party which the other at the time knew or suspected, is necessary to warrant reformation of a written contract. 4. Trial ? Inconsistency of findings, general and specific findings. - Page 23 A general finding which is inconsistent with a specific finding will be rejected and the decree held to be supported by the specific finding. 5. Specific performance ? Option ? Transfer of beer and liquor licenses. That beer and liquor licenses were neither contracts nor rights of property and were transferable only with the consent of the state liquor control board did not prevent specific enforcement of a written option to repurchase the retail liquor business sold to optionor involving the transfer of beer and liquor licenses issued to the optionor. 6. Specific performance ? Adequate pecuniary compensation presumptive rebuttal. The statutory presumption that the breach of an agreement to transfer personal property can be adequately relieved by pecuniary compensation is rebuttable, and was overcome by the trial courts express finding to the contrary in an action for specific performance of written option to repurchase retail liquor business. 7. Specific performance ? Leasehold constitutes "interest in land." The leasehold involved in the written option to repurchase retail liquor business constituted an "interest in land," so that jurisdiction to grant specific performance of the option in regard to such interest would carry the right to grant specific performance in relation to personal property covered by the option. 8. Specific performance ? Want of mutuality, effect of. Want of mutuality did not preclude the specific enforcement of a written option to repurchase liquor business, where defendants obligation under the decree was conditioned upon the payment by plaintiff of amounts found by the court to be due the defendant.