Cascaden v. Dunbar
District Court, D. Alaska
On or about the 30th day of November, 1902, the plaintiff, Cascaden, was a resident of Fairbanks, Alaska, and a prospector and miner by occupation.
Read the full summary
On or about the 30th day of November, 1902, the plaintiff, Cascaden, was a resident of Fairbanks, Alaska, and a prospector and miner by occupation. On that day, being about to start on a prospecting trip to the creeks for himself and at his own expense, he agreed with the defendant Bennett that, in addition to the claims which he would locate for himself, he would stake for the defendants, Bennett, Scott, and Dunbar, who were then general partners, and then engaged in freighting, and immediately thereafter in locating, acquiring, and working placer mines in that vicinity. The contract between…
1Opinion of the Court
WICKERSHAM, District Judge.
This is an action to enforce the specific performance of the Cascaden-Bennett contract of November 30, 1902, for the staking of the placer mines in controversy. It becomes necessary to determine the character of the contract. Plaintiff contends that it is ah ordinary grubstake contract, by which he acquired a half interest in the mines upon their location by him and the cross-relocation by defendant Dunbar, while the defendants maintain that, as stated and testified to by plaintiff, it is an oral contract to acquire an interest in real property, and void under the…
2Cases cited24 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Prevost v. GratzSupreme Court of the United States · 1821
- Forbes v. GraceySupreme Court of the United States · 1877
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nygard v. DickinsonCourt of Appeals for the Ninth Circuit · 1938
- Marks v. GatesDistrict Court, D. Alaska · 1905
- Mecum v. MetzWyoming Supreme Court · 1924
- Elliott v. ElliottDistrict Court, D. Alaska · 1907
- Feusner v. FarleyWyoming Supreme Court · 1959
1 more not listed; retrieve them via the Exa API.