Taylor v. Burns
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF • ARIZONA. On March 26, 1901, Thomas Burns, the owner of three, mining claims, as party of the first part, and Charles M. Taylor, as party of the second part, made the following agreement: “The said party of the first part, in consideration of the sum of one dollar, lawful money of the United States of America in hand paid, the receipt whereof is hereby acknowledged, and for the further consideration of money and labor…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF • ARIZONA. On March 26, 1901, Thomas Burns, the owner of three, mining claims, as party of the first part, and Charles M. Taylor, as party of the second part, made the following agreement: “The said party of the first part, in consideration of the sum of one dollar, lawful money of the United States of America in hand paid, the receipt whereof is hereby acknowledged, and for the further consideration of money and labor heretofore expended and of labor to be hereafter expended in and upon the Magnet mining claim, the Comet mining claim and the…
1Opinion of the CourtJustice Brewer
This case turns upon the -scope and effect of the agreement of March 26, 1901. It is claimed by plaintiff that it is a con veyance, passing title; by defendants, - that it is simply a power of attorney, subject to revocation. Its meaning is to be determined by a consideration of all its terms and not by any particular phrase. The first paragraph .recites a consideration, and states that for the consideration the first party “sells” the claims to the party of. the second part. -If this were all it would suggest a purpose to pass title, but the paragraph closes with a reference to further…
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