Continental Divide Mining Investment Co. v. Bliley
Supreme Court of Colorado
Appeal from the District Court of Pitkin County. This action was instituted by appellee, Alexander Bliley, against The Continental Divide Mining Investment Company for an accounting of a mining partnership between appellant, appellee and others, in a lease and option to purchase certain mining property in Roaring Fork mining district, Pitkin county, Colorado.
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Appeal from the District Court of Pitkin County. This action was instituted by appellee, Alexander Bliley, against The Continental Divide Mining Investment Company for an accounting of a mining partnership between appellant, appellee and others, in a lease and option to purchase certain mining property in Roaring Fork mining district, Pitkin county, Colorado. In the winter of ’87 and ’88, one B. Clark Wheeler was in possession of the Bushwhacker and Alpine lode mining claims, under a lease from the then owners of the property. This lease, by its terms, was to expire on the 10th day of…
1Opinion of the CourtChief Justice Hayt
There are thirteen assignments of error in the record. Following the order of the argument of counsel, we shall first *164consider the last assignment of error, to wit, that the amended complaint does not state facts sufficient to constitute a cause of action.
The particular defect pointed out is the omission of an allegation to the effect that plaintiff offered to pay his one fiftieth part of the purchase price fixed by the bond for the transfer of the property to defendant. It appears to have been, at one time, necessary in a suit for an accounting between partners to state in the bill an offer…
2Cases cited2 opinions
- Meagher v. ReedSupreme Court of Colorado · 1890
- Craig v. ChandlerSupreme Court of Colorado · 1883
3Cited by8 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Otis & Co. v. GrimesSupreme Court of Colorado · 1935
- Eisenberg v. GoldsmithMontana Supreme Court · 1911
- Grimes v. BarndollarSupreme Court of Colorado · 1914
- Carrey v. HaunOregon Supreme Court · 1924
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