Stinson v. Hardy
Oregon Supreme Court
Appeal from Baker: Morton D. Clifford, Judge. This is a suit to foreclose three several miners’ liens claimed for work and labor done and performed at the instance of the defendant O. B. Hardy, who was operating certain mining properties under the following agreement with the owners thereof, viz.:— “ This indenture, made and entered into this twelfth day of October, eighteen hundred and ninety-three, by and between C. M. Berry, C. M. Collier, L. M. Barnett, and J. M.…
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Appeal from Baker: Morton D. Clifford, Judge. This is a suit to foreclose three several miners’ liens claimed for work and labor done and performed at the instance of the defendant O. B. Hardy, who was operating certain mining properties under the following agreement with the owners thereof, viz.:— “ This indenture, made and entered into this twelfth day of October, eighteen hundred and ninety-three, by and between C. M. Berry, C. M. Collier, L. M. Barnett, and J. M. Barnett, his wife, and D. L. Choate, as lessors, of Baker County, Oregon, the parties hereto of the first part and O. B. Hardy,…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
*589The vital question for our determination is whether O. B. Hardy, in the light of the foregoing contract, and within the spirit and purview of this act, was or was not a lessee when the work was performed for which these liens are claimed. It is contended on the one hand that the contract or agreement is a lease, and upon the other that it is a mere license, and that the liens attach to the mines in the hands of the owners. The distinction between a lease and a license is thus aptly stated by Bean, C. J., in Christensen v. Pacific Coast Borax Company, 26 Or. 302…
2Cases cited6 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Boone v. StoverSupreme Court of Missouri · 1877
- Christensen v. Pacific Coast Borax Co.Oregon Supreme Court · 1894
- Grubb v. BayardU.S. Circuit Court for the District of Eastern Pennsylvania · 1851
- Pelton v. Minah Consolidated Mining Co.Montana Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sproul v. GilbertOregon Supreme Court · 1961
- Clarno v. GraysonOregon Supreme Court · 1896
- State Highway Commission v. RawsonOregon Supreme Court · 1957
- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960
- Ewing v. RheaOregon Supreme Court · 1900
16 more not listed; retrieve them via the Exa API.