TRI-BULLION CORP. v. AMERICAN SMELTING & REFINING CO.

No. 5795.

277 P.2d 293 (1954)

58 N.M. 787

TRI-BULLION CORPORATION, a corporation, Plaintiff-Appellant, v. AMERICAN SMELTING & REFINING COMPANY, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

November 29, 1954.


Attorney(s) appearing for the Case

Hannett & Hannett and W.S. Lindamood, Albuquerque, for appellant.

Shantz & Woodbury, Silver City, Ben C. Hill, Tucson, Ariz., for appellee.


LUJAN, Justice.

This is an appeal from a judgment entered in favor of the American Smelting and Refining Company, a corporation, defendant (appellee), dismissing the complaint of the Tri-Bullion Corporation, a corporation, plaintiff (appellant), with prejudice, and the plaintiff appeals.

The facts out of which the controversy arose are somewhat complicated, and will be stated in extenso.

On December 4, 1890, a patent was issued by the United States...

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