Mudsill Min. Co. v. Watrous
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. t This was a bill by the Mudsill Mining Company, Limited, and Walter McDermott, against Orville A. Watrous and Stewart A. Yan Deusen, for the rescission of a sale. This is a bill for rescission. The subject-matter of the suit is a mining property known as the Mudsill mine, or group of mines, situated eight miles from the town of Faiiqilay, Park county, Colo.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. t This was a bill by the Mudsill Mining Company, Limited, and Walter McDermott, against Orville A. Watrous and Stewart A. Yan Deusen, for the rescission of a sale. This is a bill for rescission. The subject-matter of the suit is a mining property known as the Mudsill mine, or group of mines, situated eight miles from the town of Faiiqilay, Park county, Colo. The complainants have tendered to the defendants a deed to the property, and demanded rescission upon the ground of fraud practiced in the sale. The…
1Opinion of the CourtLurton, Circuit Judge
The evidence in this case is voluminous, covering more than 2,000 pages of the record. Any detailed statement of the testimony, upon controverted questions of fact would he unprofitable, and extend this opinion to an unwarrantable length. The specific/ grounds upon which relief is sought are as follows: (1) That the defendants falsely and knowingly misrepresented the value of the *167mine and the average silver contents of the ore “in sight;” (2) that the examination and sampling of the mine done by complainants was rendered abortive and misleading by tbe willful and fraudulent conduct of…
2Cases cited13 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Pence v. LangdonSupreme Court of the United States · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Tobacco & Allied Stocks, Inc. v. Transamerica Corp.District Court, D. Delaware · 1956
- Simon v. Goodyear Metallic Rubber Shoe Co.Court of Appeals for the Sixth Circuit · 1900
- City of Findlay v. PertzCourt of Appeals for the Sixth Circuit · 1895
30 more not listed; retrieve them via the Exa API.