World's Fair Mining Co. v. Powers
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The facts, which involve the construction of a contract for s§le of mines and what constituted breaches thereof, are stated in the opinion. The pleadings fully allege those conditions of the contract that the Arizona courts construed into a condition precedent, fully allege nonperformance, and fully allege excuses for nonperformance on the part of the plaintiff in error.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF ARIZONA. The facts, which involve the construction of a contract for s§le of mines and what constituted breaches thereof, are stated in the opinion. The pleadings fully allege those conditions of the contract that the Arizona courts construed into a condition precedent, fully allege nonperformance, and fully allege excuses for nonperformance on the part of the plaintiff in error. If a party expressly avers or confesses a material fact omitted on the other side, the omission is cured. Hill v. George, 5 Texas, 87; McFarland v. Mooring, 56 Texas,…
1Opinion of the CourtJustice Holmes
This is an action brought by the plaintiff in error upon. a contract made by the defendants in error, hereafter called Powers, with one Ferguson, and assigned to the plaintiff in error. The contract was for the sale of some mines known as the World’s Fair Group. Powers agreed to place a deed of the mines in escrow in the Arizona National Bank of Tucson within ninety days, to be delivered on performance of the undertakings on the other side. Ferguson was to begin work within ninety days and to go on at a minimum rate until one thousand feet had been done. All ore taken or stoped out below the…
2Cases cited1 opinion
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
3Cited by7 opinions
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- Miller v. RobertsSupreme Court of Oklahoma · 1929
- Venezuelan Meat Export Co. v. United StatesDistrict Court, D. Maryland · 1935
- Fovargue v. SingerArizona Supreme Court · 1954
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