[Download] "Silver Surprize Inc. V. Sunshine Mining Co." by Supreme Court of Washington * eBook PDF Kindle ePub Free
eBook details
- Title: Silver Surprize Inc. V. Sunshine Mining Co.
- Author : Supreme Court of Washington
- Release Date : January 26, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The plaintiff (appellant), Silver Surprize, Inc., an Idaho corporation, brings this action under an agreement entered into with the defendant (respondent), Sunshine Mining Company, a Washington corporation, seeking damages and other alternative remedies. The defendant's answer and amended answer admitted the contract, and set up six affirmative defenses: (1) extralateral rights, (2) adverse possession, (3) statute of limitations, (4) laches, (5) lack of an indispensable party (Sunshine Consolidated), and (6) failure of the plaintiff to tender back the benefits received under the contract. Defendant then filed an application for a hearing and determination of jurisdictional defenses as provided under CR 12(d). At the conclusion of the argument on the issues of law thus raised, the court dismissed the suit on the ground that the case was essentially local in nature and that it lacked jurisdiction over the subject matter. Plaintiff appeals from this ruling.