Cleopatra Mining Co. v. Dickinson

Citations

• 28 Wash. 211
• 68 P. 456
• 1902 Wash. LEXIS 477

Syllabus

<p>MINING LEASE-BREACH OE CONTRACT-MEASURE OE DAMAGES.</p> <p>The measure of damages for breach of a contract of lease of mining property through the abandonment of the premises by the lessee prior to the expiration of the lease because it could not be profitably mined would be compensation for whatever loss the lessor could be shown to have sustained by reason of the non-performance of the contract, where the property leased was a partially developed mine, which the lessee was to develop and operate during a tenancy of five years, providing necessary machinery therefor, which was to be paid for out of the profits and become the property of the lessor at the end of the term, and the net profits be divided between them; and, it being apparent that the real consideration for the lease was the expectancy of both parties that the mine could be worked at a profit, there could be no recovery by the lessor for failure to develop the mine or furnish the stipulated machinery, when the lease was abandoned because of the worthlessness of the ores.</p>