Eureka Gold Mines v. Cube Mines Co.
District Court, D. Alaska
In August, 1915, the plaintiff, Eureka Gold Mines Company, gave a written lease to M.’ E. Hendrickson of five lode mining claims owned by it near Valdez, Alaska, and Hendrickson assigned the lease to the defendant Cube Mines Company in February, 1916. By the terms of the lease the lessee was to- employ at least two men during the first year of the contract, and not less than ten men during the second year and each year thereafter, “in developing, operating, or otherwise…
Read the full summary
In August, 1915, the plaintiff, Eureka Gold Mines Company, gave a written lease to M.’ E. Hendrickson of five lode mining claims owned by it near Valdez, Alaska, and Hendrickson assigned the lease to the defendant Cube Mines Company in February, 1916. By the terms of the lease the lessee was to- employ at least two men during the first year of the contract, and not less than ten men during the second year and each year thereafter, “in developing, operating, or otherwise working said property.” It is provided: “That the machinery, tools, equipment and improvements placed on said mining claims…
1Opinion of the Court
BROWN, District Judge.
The said conditional sale was not only good under the common law, but expressly recognized by statute of Alaska. Chapter 66, pt. 2, § 20, Session Laws 1913.
The plaintiff is entitled to recover in this case only upon the theory that the said compressor became so t permanently affixed to the soil as to become a permanent part thereof. It surely would not be reasonable to contend that, if some third person 'had loaned a small piece of machinery or some tools to the said lessee, the owner of the property, the Eureka Gold Mines Company, could claim the same, merely because…
2Cases cited14 opinions
- Detroit Steel Cooperage Co. v. Sistersville Brewing Co.Supreme Court of the United States · 1914
- Landigan v. MayerOregon Supreme Court · 1898
- In re Seward Dredging Co.Court of Appeals for the Second Circuit · 1917
- Henkle v. DillonOregon Supreme Court · 1888
- Lawton Pressed Brick & Tile Co. v. Ross-Kellar Triple Pressure Brick MacH. Co.Supreme Court of Oklahoma · 1912
9 more not listed; retrieve them via the Exa API.