The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 10
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action actual agreed agreement alleged allowed amount answer appears appellant applied assignment authorities bank bill brought called carrying cause charge claim coal common compensation complainant considered contract conveyed cost County court deed defendant delivered difference direction duty employed entered entitled equity error evidence exception expense fact feet follows fraud give given grant ground held injury instruction interest iron John judge judgment jury Kinney land lease liable matter means measure of damages minerals mining mistake mortgage mouth necessary negligence notice objection offered opinion owner paid parties person plaintiff possession premises present principle profit proper prove purchase question reason received recover referred refused removing respect rule servant severed shares sold suit sustained taken term tion trespass trial verdict whole witness
Halaman 128 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself...
Halaman 310 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Halaman 310 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but, in that case, he keeps the contract alive for the benefit of the other party as well as his own...
Halaman 353 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Halaman 53 - ... neglect or failure aforesaid, a right of action shall accrue to the widow and lineal heirs of the person whose life shall be lost for like recovery of damages for the injury they shall have sustained.
Halaman 382 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Halaman 362 - Mining Claims' proof shall be admitted of the customs, usages, or regulations established and in force at the bar, or diggings, embracing such claim ; and such customs, usages, or regulations, when not in conflict with the Constitution and Laws of this State, shall govern the decision of the action.
Halaman 23 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business...
Halaman 25 - ... may appear best calculated to prevent dangerous accidents, and to provide for the safety and proper discipline of the persons employed in or about the mine...