Wolfing v. Ralston

Citations

• 61 Cal. 288
• 1882 Cal. LEXIS 599

Syllabus

<p>Construction of Lease.—Plaintiffs let to the defendants a certain mine, under a written contract of lease, which contained the following clauses: “ The said parties of the second part are to prospect and work the said vein, lead, or lode, in a good and workmanlike manner, with as little damage to the land for agricultural purposes as a proper mining of the same will permit, and to pay to the party of the first part, or his assigns, every week, twenty per cent, of all the gold that they may take from said vein, lead, or lode, or from the angles or spurs thereof; that they are to work the same without expense to the party of the first part, and keep the same free from any liens or incumbrances for work or labor done on, or for materials furnished for the working of said mine; that if the parties of the second part should take, during any week, gold sufficient to more than pay for the back expenses of working the said mine, then the party of the first part is to have one third of the gold they may get from said mine, after paying said working expenses.”</p> <p>.HeM.vThe plaintiff was entitled to twenty per cent, of all gold taken from the mine at all events, and in case tiie defendants should take out during any week sufficient to more than pay for the back expenses of working the mine, the plaintiff was to have one third of the gold taken from the mine, after paying such working expenses.</p> <p>Id.—Forfeiture of Lease—Breach of Conditions—Rescission.—The judgment of the lower Court for the recovery of the amount due under the contract, and for the restitution of the premises, affirmed.</p>