Wolf v. Burke
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Bv the amended complaint of Thomas J. Burke, C. A. Weed and R. L. Hopkins are made defendants.
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Error to the District Court of Arapahoe County. Bv the amended complaint of Thomas J. Burke, C. A. Weed and R. L. Hopkins are made defendants. Plaintiff in error alleging that on September 3,1885, and for a long time before and after said date, these defendants were partners, doing a general mining and other business under the name and style of the Coeur D’Alene Bed Rock Flume Pool, and were engaged in the construction of a mining ditch or flume, in Idaho Territory, for the purpose of mining the property purchased by them from plaintiff, as hereinafter described; that said R. L. Hopkins was…
1Opinion of the CourtChief Justice Hayt
The district court was of the opinion that the contract was *268in contravention of the statute of frauds, and void. If we are to assume that the contract is void in consequence of not being in writing, it must be so by reason of the laws of the territory of Idaho. The contract was made, and is to be performed in that territory, and the property to he affected by its terms is there situate. By veil settled principles, the validity of the contract under these circumstances must be determined by the law of Idaho. It was a valid contract at common law, and no evidence was introduced to show that it…
2Cases cited5 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Downer v. ChesebroughSupreme Court of Connecticut · 1869
- Houghtaling v. BallSupreme Court of Missouri · 1853
- Atchison, T. & S. F. R. v. BettsSupreme Court of Colorado · 1887
- Houghtaling v. BallSupreme Court of Missouri · 1855
3Cited by16 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Smith v. Kent Oil Co.Supreme Court of Colorado · 1953
- Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
- Wells v. Schuster-Hax National BankSupreme Court of Colorado · 1897
- Davis v. DavisSupreme Court of Colorado · 1921
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