Show RECENT MINING DECISIONS prepared for the mining review suit to quiet title to claims where in an action to quiet title to adjoining mining claims the only issue was whether the assessment ses work had been done by plaintiffs on the claims and plaintiffs establish a prima facie case showing that the requisite amount of work had been done defendant could not claim that he was surprised by such testimony in that it was false so as to entitle him to a new trial it being defendants duty to have witnesses present at the trial to prove the contrary miller vs scoble california court of appeal 97 pacific 93 1 oil and gas lease in an oil and gas lease which binds the lessee to drill a well on the property to a certain depth within a specified time the damages for a breach of such provision being necessarily indefinite uncertain and speculative it is competent for the parties to fix the amount of such damages by mutual agreement and a provision that in case of the failure of the lessee to drill such well he shall pay a stated sum as liquidated damages is valid and enforceable blodget vs columbia live stock co V U S circuit court of appeals fed 05 mining partnership parties were members of a mining partnership formed for the purpose of working and obtaining title to a claim with equal interests therein under unde r the terms of which each was to contribute equally to the expenses incident thereto pursuant to the arrangement plaintiff negotiated with the owner of the property which they had previously leased and purchased it outright using his own money but he had the deed made to defendant held that a resulting trust existed defendant holding boldino a one half interest in the enterprise in trust for plaintiff walker vs bruce supreme court courton of colorado 97 pacific |