Shaver v. Bear River & Auburn Water & Mining Co.
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action to recover of the defendants, a corporation tinder the name of “ The Bear River and Auburn Water and Mining Company,” a judgment for $2000 and interest, and for a foreclosure of a mortgage.
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. This was an action to recover of the defendants, a corporation tinder the name of “ The Bear River and Auburn Water and Mining Company,” a judgment for $2000 and interest, and for a foreclosure of a mortgage. The material facts, disclosed by the record, are: that one Mix-on, who was president and managing agent of the Bear River Company, purchased of plaintiff and one Sharp, in the name and for the use of the company, a house, which was intended to be used as an office for the company, and a boarding-house for…
1Opinion of the Court
Terry, C. J., after stating the facts, delivered the opinion of the Court
2ConcurrenceField, J.
The first question presented is as to the capacity of defendants to enter into the contract. By the law under which they were incorporated, defendants are authorized to purchase and hold “ such real and personal property as may be necessary to enable the company to carry on their operations.”
It is contended by respondents that the property in question was not necessary to the operations of defendants, and for this reason the contract was without authority, and void. But upon this point there appears to be no evidence,…
3Cases cited2 opinions
- Smith v. RandallCalifornia Supreme Court · 1856
- Bennett v. SolomonCalifornia Supreme Court · 1856
4Cited by4 opinions
- Underhill v. Santa Barbara Land, Building, & Improvement Co.California Supreme Court · 1892
- Durham v. Carbon Coal & Mining Co.Supreme Court of Kansas · 1879
- H. L. Judell Co. v. Goldfield Realty Co.Nevada Supreme Court · 1910
- Universal Credit Co. v. Wyoming Motor Co.Wyoming Supreme Court · 1943