Legal Opinion

Montana Ore Purchasing Co. v. Butte & Boston Consolidated Mining Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899PublishedCited by 2 opinions

Appeal by the defendant, the Butte and Boston Consolidated Mining Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of July, 1899, denying his motion to vacate a preliminary injunction.

1Opinion of the Court

Barrett, J.:

The plaintiff, a corporation organized under Montana laws, sues the defendant, a domestic corporation, for the specific performance of a contract executed the 16th day of November, 1892, between one Heinze, the plaintiff’s predecessor, and the Bntte and Boston Mining Company, the defendant’s predecessor. By this instrument the Butte and Boston Mining Company leased to Heiiize a tract of land in Silver Bow county, Montana, with the right to the lessee to store water upon certain adjoining land of the lessor’s, “ and also all right to dump tailings from any and all works erected on…

2Cases cited1 opinion

  1. Stevens v. Central National Bank of BostonNew York Court of Appeals · 1894

3Cited by2 opinions

  1. Johnstown Mining Co. v. Butte & Boston Consolidated Mining Co.Appellate Division of the Supreme Court of the State of New York · 1901
  2. Williams v. WilliamsNew York Supreme Court · 1914

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