Nelson v. Republic Iron & Steel Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Minnesota; Page Morris, Judge. Suit by the Republic Iron & Steel Company against Benjamin F. Nelson and others. From a judgment for plaintiff, the named defendant appeals.
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Appeal from the District Court of the United States for the District of Minnesota; Page Morris, Judge. Suit by the Republic Iron & Steel Company against Benjamin F. Nelson and others. From a judgment for plaintiff, the named defendant appeals. March 18, 1893, the appellant, with others, made to one Azro T. Crossley and others a mining lease on 40 acres of land in Itasca county, Minn., for the term of 50 years from and after the 1st day of April, 1893. The indenture evidencing the “contract, lease and demise” of said premises contained the following provisions which are or may be deemed…
1Opinion of the Court
VAN VALKENBURGH,
District Judge (after stating the facts as( above). The issues presented for determination are thus defined by the various parties:
As stated by appellant:
“The single question presented by this appeal is: ‘Can the stipulated payments under a mining lease, made in advance of ore being removed, be applied on ore subsequently removed, in the absence of any provision for such application and contrary to the express requirements of the lease? ’ ”
Counsel for Republic Iron & Steel Company say:
“The issue to be determined on this appeal is whether the minimum payments made, under the…
2Cases cited28 opinions
- Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
- Sturm v. BokerSupreme Court of the United States · 1893
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- Railroad Co. v. TrimbleSupreme Court of the United States · 1870
- Mutual Life Insurance v. PhinneySupreme Court of the United States · 1900
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3Cited by15 opinions
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- MILLERS'MUT. FIRE INS. ASS'N v. Warroad Potato G. Ass'nCourt of Appeals for the Eighth Circuit · 1938
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