(DOWNLOAD) "Story Gold Dredging Co. v. Wilson" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Story Gold Dredging Co. v. Wilson
- Author : Supreme Court of Montana
- Release Date : January 03, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Claim and Delivery ? Complaint ? Sufficiency ? Placer Mining Lease ? Seizure of Dredge by Lessor ? Contracts ? Duty of Courts ? Dismissal of Action ? When Proper. Pleading ? Purpose of Pleading. 1. The object of pleading is to notify the adverse party of the facts which the pleader expects to prove. Same ? Complaint ? Liberal Construction ? What Deemed Directly Averred. 2. A pleading (complaint) must be construed as an entirety; effect must be given to every part of it, and all its parts must be so construed as to be consistent with each other, if the language employed permits; and, construing it liberally, whatever is necessarily implied in, or reasonably to be inferred from, an allegation is to be taken as directly averred. Claim and Delivery ? Complaint ? Sufficiency. 3. Under the above rules, held, that the complaint in an action in claim and delivery, alleging that plaintiff "was, and now is, the owner, and in the possession, and entitled to the possession" of the - Page 348 property in question, was not open to the objection that the words "was, and now is" applied to the matter of possession rendered the pleading faulty. Appeal and Error ? Judgment ? If Correct, Erroneous Reasons of Trial Court Immaterial. 4. Where a judgment is justified under the record on appeal as a whole, it is immaterial what reasons the trial court assigned for the conclusion reached by it. Contracts ? Function of Courts ? When Contracts not Subject to Construction or Interpretation. 5. Courts must enforce written contracts as made, not make new ones for the parties, no matter how unreasonable the terms may be; and when they are plain and clear in their terms, neither interpretation nor construction is permissible. Claim and Delivery ? Dredge for Placer Mining ? Dismissal of Action Proper Where Sustaining Plaintiffs Claim Would have Aided Him in Breaching Contract of Lease. 6. Where a placer mining lease obligated the lessee to dredge for gold at least six months each year for ten years, and dredging operations had been conducted for but seven and a half months for the first year when the lessor took possession of the dredge and placed an armed custodian in charge thereof, whereupon the lessee brought action in claim and delivery, claiming the right to remove the dredge, the court properly dismissed the action, since by sustaining the claims of plaintiff the court would have lent its aid to plaintiff in breaching his ten-year contract. Same ? Placer Mining Dredge ? Right of Lessor of Ground to be Present on Dredge at Certain Times That of Licensee. 7. Under a provision of a dredging lease of placer ground granting the right to the lessor to be present on the dredge during the time it was being operated for the purpose of enabling him to look after his royalty interest in the gold recovered, was that of a mere licensee and not one of a joint right of possession with the lessee. Same ? Lease of Placer Mining Ground ? Lessor Taking Forcible Possession of Dredge ? Effect on Obligations of Lessee Under Contract. 8. Where the lessor of placer mining ground to be worked by dredge, the lease being for ten years and providing that the dredge should be worked a certain number of months each year, took forcible possession of the dredge after the first years operations, the lessee was relieved of any obligation to continue dredging while the lessor was in possession thereof, and the latter was in no position to question the lessees right to remain inoperative from the determination of the lessees action in claim and delivery for the period of time he could have remained shut down without breaching his contract.
 "Story Gold Dredging Co. v. Wilson" by Supreme Court of Montana * Book PDF Kindle ePub Free){kind=link}