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GREGORY CONSOLIDATED MINING CO. v. STARR

Nos. 356, 357.

141 U.S. 222 (1891)

GREGORY CONSOLIDATED MINING COMPANY v. STARR. SAME v. SAME.

Supreme Court of United States.

Decided May 25, 1891.

Attorney(s) appearing for the Case

Mr. Edwin W. Toole and Mr. William Wallace, Jr., for plaintiff in error.

Mr. W.F. Sanders for defendant in error.

MR. JUSTICE BREWER delivered the opinion of the court.

On July 28, 1883, the Ætna Iron Works of San Francisco entered into a contract with the Gregory Consolidated Mining Company to build and equip for it at Gregory, Montana, a complete concentrating mill of specified capacity. The contract provided that the mill "shall be completed and delivered in perfect running order within four months from date, provided the lumber required to be used in constructing the...

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