Morrow v. Matthew
Idaho Supreme Court
APPEAL from District Court in and for Sbosbone County. Honorable Ralph T. Morgan, Judge. Action to establish a trust in certain mining property acquired under a "grubstake” agreement and to compel a conveyance of the trust interest to the cestui que tmst. Judgment for plaintiff and order denying a new trial, from both of which defendants appealed. The facts are stated in the opinion. cite few authorities upon the questions decided not cited in the opinion.
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APPEAL from District Court in and for Sbosbone County. Honorable Ralph T. Morgan, Judge. Action to establish a trust in certain mining property acquired under a "grubstake” agreement and to compel a conveyance of the trust interest to the cestui que tmst. Judgment for plaintiff and order denying a new trial, from both of which defendants appealed. The facts are stated in the opinion. cite few authorities upon the questions decided not cited in the opinion. Where two or more parties enter into a contract, as they did in this case, one or more of the parties cannot, without notice to the other…
1Opinion of the Court
AILSHIE, J. —
This action was commenced by the plaintiff, J. A. Morrow, on what is commonly known as a “grub*425stake” agreement to recover a one-sixth interest in and to the Wild Rose, Albert Edward, Little Annie, Lillian and Chronicle quartz mining claims, and the Wild Rose millsite. The agreement on which the plaintiff claims the right of. recovery was in parol. The contract as testified to by plaintiff, and corroborated in many respects by his witnesses, was substantially as follows: About December, 1899, the defendant, Matthew, met with the plaintiff and defendant Ellis at the place where…
2Cases cited64 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Purcell v. MinerSupreme Court of the United States · 1867
- Lehman v. LewisSupreme Court of Alabama · 1878
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Johnson v. QuarlesSupreme Court of Missouri · 1870
59 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Davenport v. BurkeIdaho Supreme Court · 1917
- Village of Sandpoint v. DoyleIdaho Supreme Court · 1908
- Prairie Development Co. v. LeibergIdaho Supreme Court · 1908
- MATTER OF ESTATE OF COURTRIGHT v. RobertsonIdaho Supreme Court · 1978
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
17 more not listed; retrieve them via the Exa API.