Mitchell Mining Co. v. Hammons
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District, in and for the County of Gila. Frederick S. Nave, Judge. The facts are stated in the opinion. False and fraudulent representations will avoid a contract. Where the purchaser buys upon the representation of the seller, relying on its truth, then the representation in effect amounts to a warranty, and the seller is bound to make good the representations.
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APPEAL from a judgment of the District Court of the Second Judicial District, in and for the County of Gila. Frederick S. Nave, Judge. The facts are stated in the opinion. False and fraudulent representations will avoid a contract. Where the purchaser buys upon the representation of the seller, relying on its truth, then the representation in effect amounts to a warranty, and the seller is bound to make good the representations. Smith v. Richards, 13 Pet. 26, 10 L. Ed. 42. Where a man gives to another a power of attorney authorizing that other to act for him in the sale of property, and the…
1Opinion of the Court
CAMPBELL, J. —
In August, 1906, J. C. Britt and A. T. Hammons, both of Globe, Arizona, were the owners of a group of mining claims which had been located by them in that year. They also were the owners of an optional contract for the purchase of another group of claims, and Britt alone was the owner of an optional contract for the purchase of still another group. All of these mining claims were in Gila county, Arizona. About the 1st of August, Britt went to New York City for the purpose of disposing of these claims and options. He took with him letters of introduction to Mr. George Mitchell,…
2Cases cited6 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Smith v. RichardsSupreme Court of the United States · 1839
- Farnsworth v. DuffnerSupreme Court of the United States · 1891
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3Cited by3 opinions
- Cullison v. Pride O'Texas Citrus AssociationArizona Supreme Court · 1960
- Sorrells v. CliffordArizona Supreme Court · 1922
- Dooley v. Burlington Gold Mining Co.Arizona Supreme Court · 1909