Bennie v. Becker-Franz Co.
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Greenlee. F. B. Laine, Judge. STATEMENT OF FACTS BY THE COURT. The appellee, as plaintiff below, instituted an action against appellant, defendant below, to quiet its title to 14 mining claims and one mill site, situate in Greenlee county.
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APPEAL from a judgment of the Superior Court of the County of Greenlee. F. B. Laine, Judge. STATEMENT OF FACTS BY THE COURT. The appellee, as plaintiff below, instituted an action against appellant, defendant below, to quiet its title to 14 mining claims and one mill site, situate in Greenlee county. The defendant in his answer admitted that he claimed an estate and interest in the property sued for and pleaded, as showing his interest and estate, the following agreement entered into between the plaintiff and defendant, to wit: “This agreement made and entered into this thirtieth day of…
1Opinion of the CourtBoss, J.
The question in this case, reduced to its simplest form, is, Do the pleadings and the findings of fact sustain the judgment ?
It seems clear from the terms of the agreement that appellant had the right of exercising his choice of either paying the appellee on or before July 31, 1909, $6,250, or conveying to appellee forty-nine one-hundredths of the property. It was contemplated that the exercise of this right of choice should be made on or before said date. A failure of appellant, to pay the $6,250 or to execute a conveyance of forty-nine one-hundredths to appellee, as 'provided in the…
2Cases cited5 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Waterman v. BanksSupreme Court of the United States · 1892
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Snider v. YarbroughMontana Supreme Court · 1911
- Williams v. LongCalifornia Supreme Court · 1903
3Cited by8 opinions
- Coronado Co. v. Jacome's Department Store, Inc.Court of Appeals of Arizona · 1981
- Onekama Realty Co. v. CarothersArizona Supreme Court · 1942
- Tolmachoff v. EshbaughArizona Supreme Court · 1933
- Stark v. NortonArizona Supreme Court · 1922
- Angle v. Marco Builders, Inc.Arizona Supreme Court · 1981
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