McFadden v. Ellsworth Mill & Mining Co.
Nevada Supreme Court
Appeal from the District Cdhrt of the Second Judicial District, Nye County. This was an action to recover eleven hundred and seventeen dollars.
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Appeal from the District Cdhrt of the Second Judicial District, Nye County. This was an action to recover eleven hundred and seventeen dollars. The original complaint, which was verified, alleged that plaintiff, in March, April, and May, 1871, delivered to defendant, at its quartz mill in Ellsworth, fourteen and a half tons of silver ore to be crushed, worked, and reduced in the usual manner; that defendant agreed to crush, work, and reduce the same, and pay plaintiff eighty per cent, of the pulp assay value, after deducting the price of milling the same, at twenty-five dollars per ton, and…
1Opinion of the Court
By the Court,
Whitman, J.:
The pleadings and evidence in this case fully support the judgment. Indeed, so far as the substantial merits are concerned, the district court has adopted the theory of appellant’s answer; and has only failed to fully support the same by reason of absence of proof of certain matters, not made upon the trial, apparently upon the supposition that there were two complaints in the suit, one original and one amended; and that the matter referred to was affirmatively stated by respondent in the original.
The amended complaint is in itself a full, distinct, and complete…
2Cases cited2 opinions
- A. M. Gilman & Co. v. CosgroveCalifornia Supreme Court · 1863
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