Montana Electric Co. v. Northern Valley Min. Co.
Montana Supreme Court
Appeal from District Court, Jefferson County; J. B. Poindexter, Judge. Action by tbe Mountain Electric Company against the Northern Valley Mining Company. From a judgment in favor of plaintiff and an order denying it a new trial, defendant appeals.
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Appeal from District Court, Jefferson County; J. B. Poindexter, Judge. Action by tbe Mountain Electric Company against the Northern Valley Mining Company. From a judgment in favor of plaintiff and an order denying it a new trial, defendant appeals. Under the facts, the provisions of our Code, and the decisions of the courts, the hoist in question here became an appurtenant to the property, passed under the deeds from Myhre to Mallette, and from Mallette to the appellant, and. the respondent, by failing to record the lease, is estopped from asserting any claim to the hoist. In Hobson v.…
1Opinion of the CourtJustice Holloway
In November, 1909, the Amazon-Montana Development Company held an option to purchase from Samuel Myhre the Silver Star quartz lode mining claim. It hired an electric hoist from the Montana Electric Company at a rental of $50 per month, and agreed to return it to the owner in Butte at the expiration of the term of hiring. The hoist was shipped to Amazon, placed upon a substantial foundation on the Silver Star claim, an en-*271gin e-house or shed was placed over it, and it was thereafter used in the prospecting operations carried on. The Amazon company failed to make the payments as prescribed in…
2Cases cited14 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Tifft v. . HortonNew York Court of Appeals · 1873
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Hendy v. DinkerhoffCalifornia Supreme Court · 1880
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3Cited by25 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Williams v. HavensIdaho Supreme Court · 1968
- Yellowstone Pipe Line Co. v. State Board of EqualizationMontana Supreme Court · 1960
- Lawrence v. ClepperMontana Supreme Court · 1993
- Shipler v. Potomac Copper Co.Montana Supreme Court · 1923
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