Hoosac Mining & Milling Co. v. Donat
Supreme Court of Colorado
Error to County Court, Clear Creek County. The complaint in this case, filed by the plaintiff, Donat, alleges that on the 8th of March, 1881, plaintiff and defendant entered into an agreement in writing, by which defendant leased to plaintiff, for the period of one year, part of a certain mining claim therein described; that plaintiff was put in possession thereof by the defendant company under said lease; that plaintiff complied in every particular with the terms and…
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Error to County Court, Clear Creek County. The complaint in this case, filed by the plaintiff, Donat, alleges that on the 8th of March, 1881, plaintiff and defendant entered into an agreement in writing, by which defendant leased to plaintiff, for the period of one year, part of a certain mining claim therein described; that plaintiff was put in possession thereof by the defendant company under said lease; that plaintiff complied in every particular with the terms and conditions of the lease, but that on or about July 10, 1884, he was ousted from the premises by defendant and wrongfully and…
1Opinion of the CourtHelm, J.
It may be important to note at the outset that this is not a suit for possession under the lease mentioned in the pleadings; it is an action for damages arising from an alleged violation of the contract. A careful examination of the record before us shows clearly that Elliott, who undertook to execute this lease, acted without sufficient authority in the premises. We shall assume that because of this want of authority the lease was originally not binding upon the company, and proceed to inquire whether the company’s subsequent acts or omissions rendered it liable to plaintiff under the…
2Cases cited4 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Murphy v. HobbsSupreme Court of Colorado · 1884
- Insurance Co. of North America v. McDowell & BrownIllinois Supreme Court · 1869
- Partridge v. BadgerNew York Supreme Court · 1857
3Cited by20 opinions
- Beard v. HerndonSupreme Court of Oklahoma · 1921
- Aultman Thrashing & Engine Co. v. KnollSupreme Court of Kansas · 1905
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- Hayutin v. GibbonsSupreme Court of Colorado · 1959
- Buckeye Cotton Oil Co. v. SloanCourt of Appeals for the Sixth Circuit · 1918
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