Robert E. Lee Silver Mining Co. v. Omaha & Grant Smelt. & Ref. Co.
Supreme Court of Colorado
Appeal from District Court of Lake County. Appellant (defendant below) was a corporation engaged in mining and producing ores in the years 1883-84 in the county of Lake. Appellee tvas a corporation engaged in buying, selling, smelting and reducing ores.
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Appeal from District Court of Lake County. Appellant (defendant below) was a corporation engaged in mining and producing ores in the years 1883-84 in the county of Lake. Appellee tvas a corporation engaged in buying, selling, smelting and reducing ores. Appellant was a large producer of ore, and had been prior to December 1, 1883. It had been for some time disposing of most, if not all, of its ore to the appellee at agreed prices for the silver contained in the ore, deducting therefrom a charge of $18.50 per ton for treatment. At the date mentioned one E. A. Guilbault was general manager of…
1Opinion of the Court
Reed, O.
The counsel of appellant in his able argument relies upon two general propositions for the reversal of the judgment. They are stated by him as follows:
“ First. That the alleged contract sued upon, under the construction claimed for it by the plaintiff, was not within the scope of the powers possessed by the witness Guilbault, as general manager of the defendant company.
“ Second. That the instrument sued upon did not constitute a contract between the plaintiff and defendant companies for the sale and delivery to the plaintiff of all or of any particular portion of the product of the…
2Cases cited12 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Townsley v. SumrallSupreme Court of the United States · 1829
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Smith v. Board of SupervisorsIllinois Supreme Court · 1871
- McKiernan v. LenzenCalifornia Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Booker-Jones Oil Co. v. National Refining Co.Court of Appeals of Texas · 1910
- Cohen v. Clayton Coal Co.Supreme Court of Colorado · 1929
- Carper v. Frost Oil Co.Supreme Court of Colorado · 1922
- Martin v. Ray County Coal Co.Supreme Court of Missouri · 1921
- Stearns-Roger Manufacturing Co. v. Aztec Gold Mining & Milling Co.New Mexico Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.