132 P. 521 | Or. | 1913
delivered the opinion of the court.
This is a suit to enjoin the defendant from interfering with plaintiff’s possession of certain mines, mining machinery, and buildings, and to have adjudged null and void defendant’s relocation of said mines. In 1905 the defendant had located some mines near North Powder, Oregon, and in that year induced some people in Rockford, Illinois, to organize the plaintiff company and to advance money to take over defendant’s locations and other mines which were transferred to it. Defendant subscribed for $100,000 shares of stock of the value of one dollar each and was for some time thereafter a director in the company. None of the Illinois stockholders were experienced in mining nor had seen the property, but relied upon the word and representations of defendant. The company spent about $20,000 in buildings, machinery, and development work, and by some arrangement or understanding defendant was to and did look after the company’s interests in Oregon from the spring of 1908 until January 3,1912, in consideration that he was to be exempt from assessments or other contribution of money to the company for improvements or development work. The defendant was in possession of the property on behalf of plaintiff when on January 1, 1912, he relocated the mine in his own name. Up to that time he was the only representative of the plaintiff in Oregon. He was aware that the officers of the company were depending implicitly upon him for advice as to the
“Union, Oregon, Jany. 25, 1912.
“Co-operative Copper & Gold Mining Co.
“ J. A. Bowman, Secy., Rockford, 111.
“Dear Sir: Mr. C. H. Law has located on the Daisy quartz claim in Baker county, your company being back on assessment work. We have a proposition to make to you, making it possible for you to get the claim back. All Mr. Law desires is the water in the shaft for irrigating purposes. And to make such possible, we have inclosed under separate cover a deed for you to sign, deeding us the water. You will also sign the agreement, also therein inclosed, which agreement binds Mr. Law to give you a quitclaim deed to his rights in the claim when you are ready to patent. I am also therein inclosing the agreement in duplicate, which has been signed by Mr. Law on one of them, which you may keep, and return the other after properly signing the same. You will also sign the inclosed receipt, showing that you have received $2,250. Mr. Law will acknowledge the receipt back to you, in his quitclaim deed. Please see to this immediately, and oblige. Jours truly,
“W. A. Terrall.”
The decree is affirmed. Affirmed.,