Oliver v. Polson

Citations

• 117 Wash. 385
• 201 P. 289
• 1921 Wash. LEXIS 1052

Syllabus

<p>Mines, and Minerals — Lease—Royalties—Actions—Burden op Proof. In a suit for minimum royalties under a coal mining lease, for a term of years unless the coal should be sooner exhausted or it should be ascertained that merchantable coal sufficient in quantity to be profitably mined did not exist, the burden of proof is upon the lessees to show that reasonable search and exploration of the lands had been made for the purpose of determining the essential conditions.</p> <p>Appeal (456) — Harmless Error — Cure by Instructions — Taking Papers to Jury Room. The fact that the jury took to the jury room a complaint containing two causes of action, between which the plaintiffs had been compelled to elect, would not constitute prejudicial error, where the court instructed the jury to disregard the cause of action which had gone out of the case by reason of the election.</p> <p>Trial (88) — Instructions—Confused or Misleading Instructions. An instruction that a mining lease is so voluminous that it is only necessary to direct the jury’s attention to a few of its provisions which are directly involved was not misleading, where many of its features were not germane to the issues, and the lease was in evidence and the jury was charged to decide the issues on all the evidence in the ease.</p> <p>Mines and Minerals — Lease—Royalties—Action for Breach— Instructions. In an action for royalties under a mining lease, where there was evidence that one of the plaintiffs had ordered employees of the lessee off the lands after the suit was commenced, an instruction that the refusal to permit the defendant to prospect or occupy the lands would defeat the right of plaintiffs to recover royalties after that date, was not prejudicial, the instruction being made in the interest of defendant’s rights.</p> <p>Election of Remedies (3) — Acts Constituting — Pleading— Causes of Action — Damages for Breach of Mining Lease. In an action for mining royalties, a requested instruction that plaintiffs