McLean v. Hayden Creek Mining & Milling Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. R, N. Dunn, Judge. Action to recover compensation as superintendent for conducting the business of a mining corporation. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District, in and for Kootenai County. Hon. R, N. Dunn, Judge. Action to recover compensation as superintendent for conducting the business of a mining corporation. Judgment for plaintiff. Where parties make a contract providing that some person shall fix some term thereof, namely, the compensation, any action upon the contract is premature until it is shown that application had been made and refused for the completion of the contract according to its terms. (Tolmie v. Dean, 1 Wash. Ter. 46; Butler v. Tucker, 24 Wend. (N. Y.) 447; Dustan v.…
1Opinion of the CourtSullivan, J.
The plaintiff, who is respondent here, brought this.action against the appellant corporation to recover the sum of $14,371 upon two separate causes of action. The first cause of action was to recover $11,900 alleged to be due respondent for services performed for the appellant, at its special instance and request, as superintendent and general manager of its mines, for a period of eight years, from October 1, 1904, to October 1, 1912; and it is alleged that said services were worth $150 per month and that no part thereof had been paid except the sum of $2,500. The second cause of action was…
2Cases cited6 opinions
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- McMullen v. RitchieU.S. Circuit Court for the District of Northern Ohio · 1894
- Petajaniemi v. WashIngton Water Power Co.Idaho Supreme Court · 1912
- Powers v. Boise CityIdaho Supreme Court · 1912
- Goldstone v. RustemeyerIdaho Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ineas v. Union Pac. R. Co.Idaho Supreme Court · 1952
- Cogswell v. C. C. Anderson Stores Co.Idaho Supreme Court · 1948
- Stewart v. the City of Idaho FallsIdaho Supreme Court · 1940
- Bates v. PriceIdaho Supreme Court · 1917
- Harsh v. Silver Hill Mining Co.Idaho Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.