Henry Gold Mining Co. v. Henry
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to enforce the specific performance of a contract. A contract of promoters cannot be ratified. A new contract must be shown or a specific adoption. (Penn Match Go. v. Mopgood, 141 Mass. 145, 7 N. E. 22; Abbott v. Mop-good, 150 Mass. 248, 15 Am.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. John M. Flynn, Judge. Action to enforce the specific performance of a contract. A contract of promoters cannot be ratified. A new contract must be shown or a specific adoption. (Penn Match Go. v. Mopgood, 141 Mass. 145, 7 N. E. 22; Abbott v. Mop-good, 150 Mass. 248, 15 Am. St. 193, 22 N. E. 907, 5 L. R. A. 587.) Certainly this could not be done by a corporation before it had any existence at all. (Wall v. Mines, 130 Cal. 27, 62 Pac. 386; Bash v. Culver Gold Min. Co., 7 Wash. 122, 34 Pae. 462.) If any action…
1Opinion of the CourtStewart, J.
This is an action for the specific performance of a contract to convey to plaintiff an undivided one-fourth interest in and to the Boston, Chicago and Minneapolis mining claims located in the Pend d’Oreille mining district, Bonner county, Idaho, and to compel the defend*336ant to make conveyance to the plaintiff of such interest. The facts are as follows: That on January 15, 1909, the defendant, Henry Riser, B. B. Fry and Frank Zimmerman entered into an agreement for the formation of a corporation under the laws of Idaho for the purpose of taking title to said one-fourth interest in said three…
Also in this document: Concurrence.
2Cases cited14 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- Battelle v. Northwestern Cement & Concrete Pavement Co.Supreme Court of Minnesota · 1887
- Shorb v. BeaudryCalifornia Supreme Court · 1880
- Scadden Flat Gold Mining Co. v. ScaddenCalifornia Supreme Court · 1898
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3Cited by9 opinions
- Bower v. MoormanIdaho Supreme Court · 1915
- American Home Benefit Ass'n v. United American Benefit Ass'nIdaho Supreme Court · 1942
- Intermountain Title Guaranty Co. v. EgbertIdaho Supreme Court · 1932
- Morgan v. Independent School District No. 26-JIdaho Supreme Court · 1922
- Albano v. Motor Center of Pocatello, Inc.Idaho Supreme Court · 1954
4 more not listed; retrieve them via the Exa API.