Colorado Fuel & Iron Co. v. Pryor
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. Appellee bases his right to a recovery under a lease to an undivided one-half interest in designated lands, which provided that the lessee, for a definite period, should enter upon the demised premises and work them in manner necessary to good and economical mining of coal; that, for the purpose of putting them in condition for such mining, work should commence on a specified date, and be prosecuted with reasonable diligence;…
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Appeal from the District Court of Pueblo County. Appellee bases his right to a recovery under a lease to an undivided one-half interest in designated lands, which provided that the lessee, for a definite period, should enter upon the demised premises and work them in manner necessary to good and economical mining of coal; that, for the purpose of putting them in condition for such mining, work should commence on a specified date, and be prosecuted with reasonable diligence; lessee was required to pay a fixed royalty on each ton mined. The lease, also, provided that the lessee, as a further…
1Opinion of the CourtJustice Gabbebt
The two. principal questions for review, as presented by counsel for appellant, are:
First. Should the demurrer to the first and second separate defenses have been sustained ?
Second. Did the court err in finding the issues, and rendering judgment; in favor of appellee ?
1. In support of the proposition that the demurrer to the first separate defense should not have been sustained, it is argued that the conditions of the lease which granted appellee special privileges in the way of trading with the employees of appellant, were illegal, because they conferred upon him a monopoly of the sale of…
2Cases cited10 opinions
- Beebe v. JohnsonNew York Supreme Court · 1838
- St. Louis & Denver Land & Mining Co. v. TierneySupreme Court of Colorado · 1881
- Pueblo & Arkansas Valley Railroad v. TaylorSupreme Court of Colorado · 1881
- Denver & Rio Grande Railroad v. HodgsonSupreme Court of Colorado · 1892
- Patrick v. Colorado Smelting Co.Supreme Court of Colorado · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Jennings v. Brotherhood Accident Co.Supreme Court of Colorado · 1908
- Fearnley v. FearnleySupreme Court of Colorado · 1908
- Medano Ditch Co. v. AdamsSupreme Court of Colorado · 1902
- Taylor v. Kingman Feldspar Co.Arizona Supreme Court · 1933
- Messenger v. German American InsuranceSupreme Court of Colorado · 1910
18 more not listed; retrieve them via the Exa API.