Rara Avis Gold & Silver Mining Co. v. Bouscher
Supreme Court of Colorado
Appeal from District Court of Cilpin County. Plaintiff Bouscher brought "his suit in the court below to recover upon the quantum meruit for services rendered to the defendant company. He also prayed a lien, under the mechanic’s lien law, upon the property described.
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Appeal from District Court of Cilpin County. Plaintiff Bouscher brought "his suit in the court below to recover upon the quantum meruit for services rendered to the defendant company. He also prayed a lien, under the mechanic’s lien law, upon the property described. Plaintiff’s services consisted of work as foreman, superintendent and mechanic upon certain mines belonging to defendant; also of labor as defendant’s agent in disbursing its money, and in keeping its ac-' counts. Defendant, in its answer, after pleading the proper denial's, sets up a contract with plaintiff which provided for a…
1Opinion of the CourtHelm, J.
There is nothing in the pleadings or evidence that calls for the second instruction given on behalf of plaintiff below, or for any instruction whatever upon the subject-matter therein contained. The damages which defendant sought to recoup were — First, $1,045.23 of its funds, alleged to have been wrongfully appropriated by *387plaintiff to his own use; and, second, such a sum as would compensate the injuries occasioned by plaintiff’s negligent and unskilful working of the property, and his negligent and wasteful use- of defendant’s money. No controversy exists in the case as to the accuracy or…
2Cases cited3 opinions
- Barnard v. McKenzieSupreme Court of Colorado · 1878
- Edgar v. SalisburySupreme Court of Missouri · 1852
- McCormick v. Los Angeles City Water Co.California Supreme Court · 1870
3Cited by13 opinions
- Thompson v. Wise Boy Mining & Milling Co.Idaho Supreme Court · 1903
- Lockhart v. RollinsIdaho Supreme Court · 1889
- White v. Constitution Mining & Milling Co.Idaho Supreme Court · 1936
- State Bank v. PlummerSupreme Court of Colorado · 1912
- Farmer's Irrigation Co. v. KammSupreme Court of Colorado · 1913
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