Martin v. Eagle Development Co.
Oregon Supreme Court
From Union: Robert Eakin, Judge. On November 18, 1897, the plaintiffs, Killes J., Oliver, G. M., and Nellie Martin, of the first part, and the Eagle Creek Development Co. of the second part, entered into a,n agreement whereby the parties granted the Development Company an option to purchase certain mining claims for the consideration of $16,000, of which $4,000 was paid down, and also granted ■with said option the right and privilege of prospecting, exploring, and mining the…
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From Union: Robert Eakin, Judge. On November 18, 1897, the plaintiffs, Killes J., Oliver, G. M., and Nellie Martin, of the first part, and the Eagle Creek Development Co. of the second part, entered into a,n agreement whereby the parties granted the Development Company an option to purchase certain mining claims for the consideration of $16,000, of which $4,000 was paid down, and also granted ■with said option the right and privilege of prospecting, exploring, and mining the same until the 15th day of December, 1897, at which time, if the company so desired, the right and privilege should be…
1Opinion of the CourtJustice Wolverton
1. The defendants counsel insist preliminarily that the trial court erred in rendering a decree for the plaintiffs in the absence of any proof to support any material allegations of the complaint denied by the answer. It is, however, not conceded by opposing counsel that no evidence was taken at the trial. None has been brought up, but we find the following recital in the record, prefacing the findings of fact: ‘ ‘ and now, from the admission of the pleadings and the evidence taken before the court and filed in this suit, the court finds, — which indicates the basis for the court’s action.…
2Cases cited3 opinions
- Nix v. HeddenSupreme Court of the United States · 1893
- Bullitt v. FarrarSupreme Court of Minnesota · 1889
- Rolfes v. RusselOregon Supreme Court · 1875
3Cited by14 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- Creasey v. HoganOregon Supreme Court · 1981
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
- Carty v. McMenamin & WardOregon Supreme Court · 1923
- Bank of Jordan Valley v. DuncanOregon Supreme Court · 1922
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