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Remedies Keyed to Tabb, 8th
Felder v. Reeth
Citation:
34 F.2d 744 (1929)Facts
The appellee Reeth was engaged in placer mining operations on 1,200 acres and purchased hydraulic mining equipment in San Francisco, transporting it to a point 40 miles below his mining camp due to low water conditions. The equipment remained at that location during 1919, 1920, and 1921 due to continued low water. In summer 1921, appellants Felder et al. took possession of the hydraulic plant, transported it down river to Bethel, and converted it to their own use, selling part of it. Appellee alleged the machinery was worth $10,000 to him under the existing conditions. Appellee elected to waive the tort and rely upon an implied contract created by law requiring appellants to pay $10,000 for the machinery. The trial court found the machinery was worth $8,000 to appellee based on the use he could have made of it, and that appellants’ actions were unlawful, unjustifiable, and oppressive, resulting in appellee abandoning his mining enterprise.
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