Wiard v. Brown

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying summary judgment where the parties’ contract did not authorize the trespass or conversion alleged and the defendant had duties independent of the parties’ contract not to commit those torts
• lessor under mining lease has tort claim for trespass and conversion against lessee who removed materials not authorized to be removed under the lease
• lessor under mining lease has tort claim for trespass and conversion against lessee who removed materials not authorized to be removed under the lease
• “an action in tort may not be maintained for what is a mere breach through non-action or through ineffective performance (which is the same thing) of a contract duty”
• \an action in tort may not be maintained for what is a mere breach through non-action or through ineffective performance (which is the same thing) of a contract duty\

Source: CourtListener parenthetical corpus (CC0).