Davis v. Flagstaff Silver Mining Co.
Utah Supreme Court
Appeal from the Third Judicial District Court. The facts appear in the opinion. The rule of damages on the ore due is the value of the ore at the time and place of delivery. 3 Parsons on Contracts, 205, et seq./ Shepherd v. Hampton, 3 "Wheat. 200; Sedgw. on Dam. [273] 328, and notes; Cannon v. Fulsom, 2 Iowa, 101; t/ero-mison v. Gray, 29 Iowa, 637; Deere v. Lewis, 51 Ill. 254; Day v. Dox, 9 Wend. 129; Bartlett v. Blanehard, 13 Gray, 420; Zehner v. Dale, 25 Ind. 433; White v.…
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Appeal from the Third Judicial District Court. The facts appear in the opinion. The rule of damages on the ore due is the value of the ore at the time and place of delivery. 3 Parsons on Contracts, 205, et seq./ Shepherd v. Hampton, 3 "Wheat. 200; Sedgw. on Dam. [273] 328, and notes; Cannon v. Fulsom, 2 Iowa, 101; t/ero-mison v. Gray, 29 Iowa, 637; Deere v. Lewis, 51 Ill. 254; Day v. Dox, 9 Wend. 129; Bartlett v. Blanehard, 13 Gray, 420; Zehner v. Dale, 25 Ind. 433; White v. Tompkins, 52 Pa. St. 363; Dook v. Snapp, Ex. 1, Cold. 180; Dana v. Fied-ler, 12 N. Y. 40; Billiny v. Vanderbeck, 23…
1Opinion of the CourtBojreMAN, Justice
The appellant, the Flagstaff Company, was incorporated in England, to acquire, hold and operate mining and smelting properties in Utah. The respondent sued the company, alleging the purchase of ores from it, and the non-delivery thereof; also, that he had advanced money to said company, and that a contract was entered into by and between the company and himself, whereby he acquired a lien upon the properties of the said company in Utah, and he asked the enforcement of said contract, and that a receiver be appointed. The other defendants were made parties because they were supposed to hold…
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- Popp v. Daisy Gold Mining Co.Utah Supreme Court · 1903
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