Shannon Copper Co. v. Potter
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for Graham County. E. W. Lewis, Judge. A written contract was entered into in which the Clifton Northern Railroad Company, a corporation, and Dell M. Potter were recited to he the parties of the first part, and Shannon Copper Company the party of the second part.
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APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for Graham County. E. W. Lewis, Judge. A written contract was entered into in which the Clifton Northern Railroad Company, a corporation, and Dell M. Potter were recited to he the parties of the first part, and Shannon Copper Company the party of the second part. By the terms of the contract, among other matters, the party of the first part agreed to sell the Shannon Copper Company fifty-one per cent of the capital stock of the railroad company, the entire capitalization being $50,000, divided into 500 shares…
1Opinion of the CourtDoe, J.
The contract expressly provided that the first payment should be made to a specified bank, and, at the conclusion of the recitals providing for the payment of the several installments to be made before the delivery of the stock, they are expressly required to be made to the same bank, *250yet that portion of the contract providing for the payment of the semi-annual interest installments is silent as to whom they shall be paid, and is, to that extent, ambiguous.
Assuming the correctness of the finding of the lower court that- at the time of the execution of the contract Potter was the legal owner…
2Cases cited16 opinions
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- D. M. Osborne & Co. v. StringhamSouth Dakota Supreme Court · 1890
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