World's Fair Mining Co. v. Powers
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. Tbe facts are stated in the opinion. Appeal taken to supreme court of the United States.
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APPEAL from a judgment of the District Court of the First Judicial District, in and for the County of Pima. John H. Campbell, Judge. Tbe facts are stated in the opinion. Appeal taken to supreme court of the United States. “A condition precedent is one which must happen before either party becomes bound by the contract. ’ ’ Jones v. United States, 96 U. S. 24, 24 L. Ed. 644; 2 Words and Phrases, p. 1400. ' The pleadings of both parties as well as the evidence shows that the plaintiff and its predecessors in interest had for months been in possession, working and perf orming under the contract.…
1Opinion of the Court
KENT, C. J. —
Frank and Josephine Powers, owners of a certain group of mines, entered into a contract with one Ferguson for their sale, under the terms of which Ferguson or his assigns were to make the payment therefor within a specified time, and in the meantime to have possession of the property and to operate the same. Ferguson was to do a certain amount of work per day, to reduce the ores, and to deposit the net proceeds therefrom derived by him in a bank to the credit of the Powerses, to be applied on the purchase price. By an escrow agreement under which the deed for the property was…
2Cases cited4 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- Dermott v. JonesSupreme Court of the United States · 1860
- Buchanan v. LayneMissouri Court of Appeals · 1902
3Cited by2 opinions
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