Daugherty Cattle Co. v. General Construction Co.
Montana Supreme Court
839 P.2d 562 (1992)
- Written by Sean Carroll, JD
Facts
Daugherty Cattle Company (plaintiff) contracted to sell land to the company that would become General Construction Company (defendant). The purchase was for $1,195,000, pursuant to a land installment contract that stated that if the buyer defaulted, Daugherty could retain installment payments made up to the point of default “as reasonable rental for the use of the property and as liquidated damages.” General defaulted on the contract with a remaining principle balance of $338,000. General had paid $1,242,447.50 to that point in principle and interest. General offered to reconvey 47 percent of the land to Daugherty. Daugherty refused the offer and brought suit to quiet title. The district court declined to permit evidence on the property’s reasonable rental value, and granted Daugherty summary judgment. General appealed.
Rule of Law
Issue
Holding and Reasoning (Weber, J.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
