BRADBURY v. NAGELHUS

No. 9532.

319 P.2d 503 (1957)

W. H. BRADBURY, Plaintiff and Appellant, v. I. NAGELHUS, also known as Ingvald Nagelhus, Borghild Nagelhus, et ux., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided December 6, 1957.


Attorney(s) appearing for the Case

Burns & Thomas, Chinook, for appellant. Harry L. Burns, Chinoook, argued orally.

Hauge & Hauge, Havre, for respondents. Oscar C. Hauge, Havre, argued orally.


CASTLES, Justice.

This appeal arises out of a dispute between long-time neighboring ranchers who signed a writing, agreeing to become "equal pardners [sic] in the purchase" of adjoining grazing leases and ranch lands. Technically, what they undertook is the form of quasi-partnership activity called a joint adventure. Inter se, joint adventurers are obligated as trustees. The litigation which developed is brought on the theory of a constructive trust.

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