Turck v. Marshall Silver Mining Co.
Supreme Court of Colorado
Appeal from District Court of Clear Creek Courdy. The bond discussed in the opinion was as follows: “Know all men by these presents, that the Marshall Silver Mining Company of Georgetown, Clear Creek county, Colorado, a corporation duly organized under the laws of Colorado territory, is held and firmly bound unto John Turck, of said county and territory, in the sum of $5,000, lawful money of the United States, for payment of which said sum, well and truly to be made, the…
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Appeal from District Court of Clear Creek Courdy. The bond discussed in the opinion was as follows: “Know all men by these presents, that the Marshall Silver Mining Company of Georgetown, Clear Creek county, Colorado, a corporation duly organized under the laws of Colorado territory, is held and firmly bound unto John Turck, of said county and territory, in the sum of $5,000, lawful money of the United States, for payment of which said sum, well and truly to be made, the said Marshall Silver Mining Company binds itself, its successors and assigns, firmly by these presents. Witness the…
1Opinion of the CourtHelm, J.
Action at law upon a bond executed by the defendant company, conditioned for the reconveyance to plaintiff of certain property therein described, upon issuance of patent therefor to the company.
We deem it sufficient for the purposes of this case to say that the sum named in this bond must be viewed as penalty, and not as liquidated damages. There is nothing in the instrument itself, or in the evidence extraneous thereto, which justifies the conclusion that the parties intended to make $5,000 the exact measure of damages in case of failure to perform. There was no contract of sale; the…
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- O'Keefe v. DyerMontana Supreme Court · 1898
- Amanda Gold Mining & Milling Co. v. People's Mining & Milling Co.Supreme Court of Colorado · 1901
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