Neilson v. Lee
California Supreme Court
Appeal from a judgment for the defendant and an order denying a new trial in the Third District Court of the County of Alameda.
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Appeal from a judgment for the defendant and an order denying a new trial in the Third District Court of the County of Alameda. McKee, J. The complaint alleges: That on the thirtieth day of June, A. D. 1878, at the City and County of San Francisco, said plaintiff and defendant executed and entered into a written agreement, of which the following is a copy: “Whereas, James R Lee, of the City and County of San Francisco, is. seised at law and in equity of certain mining claim on the Comstock lode, being part of the ground now occupied by the Mexican Gold and Silver Mining Company, and some time…
1Opinion of the Court
Sharpstein, J.:
This is an appeal by the plaintiff from a judgment entered in favor of the defendant upon the following findings of fact:
“1. On or about the thirtieth day of June, 1878, the plaintiff and the defendant entered into a contract in writing, by which the defendant appointed the plaintiff his agent in the sale of a certain mining claim in the State of Nevada, which contract was to remain in force sixty days from the first *564day of July, 1878, with the privilege to the plaintiff to renew it for thirty days thereafter.
“2. By the terms of said contract, if plaintiff effected a sale of…
2Cited by9 opinions
- Coulter v. HowardCalifornia Supreme Court · 1927
- Buckingham v. HarrisSupreme Court of Colorado · 1887
- Smith v. SchieleCalifornia Supreme Court · 1892
- Purcell v. FirthCalifornia Supreme Court · 1917
- Wilson v. SturgisCalifornia Supreme Court · 1886
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