Blanck v. Pioneer Mining Co.

Citations

• 93 Wash. 26
• 159 P. 1077
• 1916 Wash. LEXIS 830

Syllabus

<p>Mines and Minerals — Sale—Contracts—Construction—“Including.” In a contract for the sale of a mine under which the net profits were to be determined by deducting the actual expenses of the labor, “including” the wages of men, compensation for teams, cost of board, lodging, fuel and 25 cents per miner’s inch for water, the word “including” introduces an enlarging definition of the preceding general words “actual cost of labor,” but excludes further enlargement than that furnished by the enlarging clause; hence, does not include cost of materials or supplies such as shovels, picks and lumber.</p> <p>Same. Such clause does not authorize a charge for water at more than the specified rate for water used; notwithstanding the method of mining was changed from steam and low pressure water to high pressure water, increasing the amount of water used but lessening the cost of the operation, where the method was under the absolute control of the operator of the mine making the change.</p> <p>Same — Sale — Validity — Equity — Speculative Contract. The fact that a mine could not be worked at a profit without a change to the hydraulic method, greatly increasing the amount of water to be used and charged for at a specified rate in figuring the net profits, does not authorize a court of equity to grant relief on the theory that it would be unconscionable in an action for an accounting to enforce the contract; as the court cannot relieve from and nullify speculative contracts.</p> <p>Evidence — Parol to Vary Writing — Sueeiciency—Mining Contract. An oral modification of a mining contract with reference to the amount to be charged for water is not established where evidence of notice of the change was vague and contradicted and the other parties to the contract never agreed to pay the higher charge.</p> <p>Estoppel — In Pais — Silence—Prejudice. An estoppel to object to an increased charge for water used under a mining contract, upon changing to the hydraulic method, is not created