Keyworth v. Nevada Packard Mines Co.
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; James A. Callahan, Judge. Action by William Austin Keyworth against the Nevada Packard Mines Company. From judgment for defendant, plaintiff appeals. The judgment of the lower court should have been for appellant. Upon the evidence and admitted facts, no other judgment is warranted than that prayed for by the plaintiff, and such a judgment should be ordered by this appellate court.
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Appeal from Sixth Judicial District Court, Humboldt County; James A. Callahan, Judge. Action by William Austin Keyworth against the Nevada Packard Mines Company. From judgment for defendant, plaintiff appeals. The judgment of the lower court should have been for appellant. Upon the evidence and admitted facts, no other judgment is warranted than that prayed for by the plaintiff, and such a judgment should be ordered by this appellate court. Every material issuable fact was found in favor of plaintiff. A correct application of the law to the facts will require the direction of a j udgment to…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This action was brought to recover an undivided one-fourth interest in the Packard No. 1, Packard No. 2, and Packard Fraction mining claims, situated in Rochester mining district, Humboldt County, Nevada. The plaintiff, on March 29, 1913 (being then past 18 years of age), together with H. R. Lund, Dick Keyworth, and Donald C. Wheeler, gave R. L. Ray an option on the said mining claims for the sum of $5,000, with the understanding that, in case said option were taken up, a corporation should be formed to take title to said property, and that 2 per cent of the…
2Cases cited9 opinions
- Magee v. Manhattan Life InsuranceSupreme Court of the United States · 1876
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Edwards v. Carson Water Co.Nevada Supreme Court · 1893
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Zang v. AdamsSupreme Court of Colorado · 1897
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3Cited by8 opinions
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- Maryland Casualty Co. v. Tulsa Industrial Loan & Investment Co.Court of Appeals for the Tenth Circuit · 1936
- Jory v. BennightNevada Supreme Court · 1975
- Nevada Cornell Silver Mines, Inc. v. HankinsNevada Supreme Court · 1929
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