Fields v. Daisy Gold Mining Co.
Utah Supreme Court
Appeal from tbe Third District Court, Tooele County.— Hon. A. N. Cherry, Judge. Action by Seward H. Fields, Trustee, and the Bank of Commerce, to foreclose a trust deed executed by the Daisy Gold Mining Company. The Salt Lake Hardware Company also commenced a suit against the mining company for the purpose of foreclosing its mechanic’s lien.
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Appeal from tbe Third District Court, Tooele County.— Hon. A. N. Cherry, Judge. Action by Seward H. Fields, Trustee, and the Bank of Commerce, to foreclose a trust deed executed by the Daisy Gold Mining Company. The Salt Lake Hardware Company also commenced a suit against the mining company for the purpose of foreclosing its mechanic’s lien. The hardware company appeared in the action commenced by Fields and the bank, and answered, and set forth its claim under the mechanic’s lien by way of cross-complaint. The two cases were consolidated and tried together. From a decree awarding the…
1Opinion of the Court
MINER, C. J.,
after stating tbe facts, delivered tbe opinion of tbe court.
Tbe testimony tends to show, as tbe court found, that tbe goods were ordered by tbe mining company as needed from time to time, and were furnished upon a continuous, open, running account. Each order for materials did not constitute a complete transaction of itself, but rather a series 1 of continuous transactions, showing a connected, continuous course of dealing, which created an extended debt and credit account, upon which payments were made *83from time to time without any stipulated agreement as to the time of payment,…
2Cases cited16 opinions
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
- Cox v. Western Pacific RailroadCalifornia Supreme Court · 1872
- Fidelity Insurance, Trust & Safe-Deposit Co. v. Roanoke Iron Co.U.S. Circuit Court for the District of Western Virginia · 1896
- Helena Steam-Heating & Supply Co v. WellsMontana Supreme Court · 1895
- Kearney v. WurdemanMissouri Court of Appeals · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- William M. Graham Oil & Gas Co. v. Oil Well Supply Co.Supreme Court of Oklahoma · 1927
- Mitchell v. JensenUtah Supreme Court · 1905
- White v. Constitution Mining & Milling Co.Idaho Supreme Court · 1936
- Mine & Smelter Supply Co. v. Idaho Consolidated Mines Co.Idaho Supreme Court · 1911
- Sanford v. KunkelUtah Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.