Algodones Land & Town Co. v. Frank
New Mexico Supreme Court
Appeal from District Court,' Sandoval County; Raynolds, Judge. ' • ' ' ” ' : ! Action by the Algodones Land & Town Company against A. J. Frank and others. From a judgment for plaintiff; defendants appeal. ■ The-court should have found appellee guilty of laches.
Read the full summary
Appeal from District Court,' Sandoval County; Raynolds, Judge. ' • ' ' ” ' : ! Action by the Algodones Land & Town Company against A. J. Frank and others. From a judgment for plaintiff; defendants appeal. ■ The-court should have found appellee guilty of laches. Patterson v. Hewitt, 11 N. M. 1, 66 Pac. 552, 55' L.’ E. A. 658. Court should have found that appellee was estopped by its acts and conduct from claiming an interest in lands in question. 16 Cyc. 762, 699, 719; Stowe v. Myse,- 18 Am. Dec. 99, 102;' Second Nati Bank v. Gilbert, 174 111. 485, 66 Am. St. E. 306. Appellee was not guilty of…
1Opinion of the Court
OPINION OP THE! COURT.
PARKER, J.
On July 17, 1900, the plaintiff, appellee, and the defendant A. J. Prank entered into a contract in writing whereby the said defendant agreed to construct upon certain lands described in the complaint, a modern smelting plant for the reduction and refining of precious mineral ores, which smelter was to be of certain prescribed dimensions and with certain prescribed equipment, within a period of six months from the date of the said agreement, and the plaintiff agreed that in consideration of'the construction upon said lands of the said smelter to make a…
Also in this document: Concurrence.
2Cases cited2 opinions
- Dye v. CraryNew Mexico Supreme Court · 1906
- McIntyre v. Ajax Mining Co.Utah Supreme Court · 1899
3Cited by8 opinions
- Modisette v. Foundation Reserve Insurance Co.New Mexico Supreme Court · 1967
- Trujillo v. PadillaNew Mexico Supreme Court · 1968
- James v. AndersonNew Mexico Supreme Court · 1935
- White v. MayoNew Mexico Supreme Court · 1926
- Montoya v. HubbellNew Mexico Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.