O'Meara v. North American Mining Co.
Nevada Supreme Court
Appeal from the First Judicial District, Storey County, Hon. Richard S. Mesick presiding. The facts, so far as they relate to points decided, are fully stated in the Opinion. First — The Court adopted an erroneous rule in estimating damages. There being no proof before the Court of the value of stock at the time of trial, there was no basis for a judgment.
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Appeal from the First Judicial District, Storey County, Hon. Richard S. Mesick presiding. The facts, so far as they relate to points decided, are fully stated in the Opinion. First — The Court adopted an erroneous rule in estimating damages. There being no proof before the Court of the value of stock at the time of trial, there was no basis for a judgment. (Smith v. North American Co., 1 Nevada, 442.) Second — The judgment for damages could only be alternative, on failure to deliver stock. (T6.) Third — The Court erred in refusing to admit the deeds to Petty-bridge, Apple, Van Vleit and…
1Opinion of the Court
Opinion by
Beatty, J.
This was a proceeding in equity to compel the transfer of certain shares of stock to the plaintiff; and if said stock could not be transferred, then asking a decree for compensation and damages, for the failure to transfer the stock.
The plaintiff alleges that he had held five hundred and fifty feet of ground in the North American Mining Co. claim. That he first sold *115and assigned three hundred and fifty-two and a half feet of it to individuals, and then conveyed the remainder, one hundred and ninety-seven and a half feet to the trustees of a corporation formed to work said…
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