Gold Ridge Mining Co. v. Tallmadge
Oregon Supreme Court
From Union: Robert Eakin, Judge. Suit by the Gold Ridge Mining Co. against F. W. and L.W. Tallmadge to foreclose a lien on a ditch. There was a successful defense of breach of contract, and plaintiff appealed.
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From Union: Robert Eakin, Judge. Suit by the Gold Ridge Mining Co. against F. W. and L.W. Tallmadge to foreclose a lien on a ditch. There was a successful defense of breach of contract, and plaintiff appealed. The agreement of the defendant in this case to deliver second water to and at plaintiff’s placer mines on Thorn Gulch by such means as he might adopt implied that when the water was delivered, if second water, it would be reasonably fit and suitable, as second water, for placer mining purposes, the purposes for which it was contemplated by the parties that the water should be used by…
1Opinion of the CourtJustice Bean
The plaintiff corporation is the owner of a placer mine on Thorn Gulch, near Sparta, in Baker County. The defendant F. W. Tallmadge owns a mine at the head of the gulch above the plaintiff’s. He is also the owner of a water right and ditch known as the “ Sparta Ditch,” through which water is conveyed from Eagle Creek to a point above, but near, the Town of Sparta. Between the Sparta ditch and the head of Thorn Gulch is a low depression, owing to which water from the ditch could not be used for mining purposes on Thorn Gulch at the time the contract in controversy was made. In July, 1897, the…
2Cases cited4 opinions
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