Washburn v. Inter-Mountain Mining Co.
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a suit instituted by J. H. Washburn to foreclose miners’ liens. The defendant, Inter-Mountain Mining Company, was the owner of 14 mining claims in Baker County, Oregon, W. L. Vinson, at the time of the acts complained of in the answer of Flack, was its president and manager.
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From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a suit instituted by J. H. Washburn to foreclose miners’ liens. The defendant, Inter-Mountain Mining Company, was the owner of 14 mining claims in Baker County, Oregon, W. L. Vinson, at the time of the acts complained of in the answer of Flack, was its president and manager. Between May, 1908, and June 14, 1909, plaintiff and the 20 other lien claimants mentioned in the complaint, under employment of the defendant company, performed labor upon the said mines, as a group, in constructing tunnels and performing other work…
1Opinion of the CourtJustice Eakin
1. The first question for determination is whether the agreement between Flack and Vinson is a conditional sale or a chattel mortgage, and this must be ascertained from the intention of the parties as gathered from the language of the agreement. It recites that the first party “does *583hereby sell, assign, transfer, and set over unto the said party of the second part,” etc. But it provides that, “until the entire purchase price shall have been paid, the title to the said mill and all machinery hereinbefore described shall be and remain in the party of the first part,” clearly indicating a…
2Cases cited14 opinions
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- Rudd v. . RobinsonNew York Court of Appeals · 1891
- Singer Manufacturing Co. v. GrahamOregon Supreme Court · 1879
- Landigan v. MayerOregon Supreme Court · 1898
- Union Bank & Trust Co. v. Fred W. Wolf Co.Tennessee Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In re Seward Dredging Co.Court of Appeals for the Second Circuit · 1917
- Commercial Savings Bank v. KietgesSupreme Court of Iowa · 1928
- Pitman v. WalkerCalifornia Supreme Court · 1922
- Dodo v. StockerSupreme Court of Colorado · 1923
- Maxson v. Ashland Iron WorksOregon Supreme Court · 1917
18 more not listed; retrieve them via the Exa API.