Patrick v. Weston
Supreme Court of Colorado
Error to the District Court of Lake County. This is an action for an accounting, brought by A. S. Weston, one of the owners of the Col. Sellers and Accident lode mining claims, against the other owners therein. The undisputed facts are that in the year 1883, W. P. Patrick and John Livezey, Jr., with a number of others, were the owners, as tenants in common, of the Col. Sellers and Accident lode mining claims, situate in Lake county, Colorado.
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Error to the District Court of Lake County. This is an action for an accounting, brought by A. S. Weston, one of the owners of the Col. Sellers and Accident lode mining claims, against the other owners therein. The undisputed facts are that in the year 1883, W. P. Patrick and John Livezey, Jr., with a number of others, were the owners, as tenants in common, of the Col. Sellers and Accident lode mining claims, situate in Lake county, Colorado. In that year the owners entered into a mining partnership, under the firm name and style of 44 The Col. Sellers Mine,” for the purpose of mining said…
1Opinion of the Court
Chide Justice Hayt
delivered the opinion of the court.
With a few well understood exceptions, the law of mining partnerships is quite similar to the law governing ordinary trading partnerships. Among these exceptions is one which allows one member of a mining partnership to convey his interest in the mine and business to a stranger without dissolving the copartnership. This exception has grown out of the necessities of the case, which require the continuous working of mines in order that the same may be made profitable. So, likewise, it has been held that neither assignment, nor death, nor…
2Cases cited5 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Manville v. ParksSupreme Court of Colorado · 1883
- Higgins v. ArmstrongSupreme Court of Colorado · 1885
- Baur v. BeallSupreme Court of Colorado · 1890
- Charles v. EschlemanSupreme Court of Colorado · 1879
3Cited by3 opinions
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- G. V. B. Min. Co. v. First Nat. Bank of HaileyCourt of Appeals for the Ninth Circuit · 1899
- Elm Oil Co. v. Clark Lumber Co.Supreme Court of Oklahoma · 1937