Roche v. Madar
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Oswald, J., entered January 2, 1918, upon findings in favor of the plaintiffs, in an action on contract, tried to the court.
1DissentChadwick, C. J.
(dissenting) — "While we have not been inclined to apply the doctrine of laches within the period of statutory limitation, we have, in common ivith other courts, held that the doctrine is peculiarly applicable where mining property is involved.
“The doctrine has been applied in such cases because the character of the property or the manner of its transfer, and all the incidents attending its use and OAvnership, are circumstances to be considered.” Gray v. Reeves, 69 Wash. 374, 125 Pac. 162.
It is because mining property is speculative in character and subject to sudden and Afiolent fluctuations…
2Cases cited14 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Patterson v. HewittSupreme Court of the United States · 1904
- Waterman v. BanksSupreme Court of the United States · 1892
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1890
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