Show RECENT MINING DECISIONS prepared for the mining review contract to manage mine complainants and defendant who were jointly interested in mining property for the development of which complainants had made large advances entered into a contract giving complainants nants the right to manage the property and apply the profits and in case of a sale the proceeds of the property to the repayment of such advances held that such contract gave them an equitable lien on the property itself which they were entitled to foreclose when it had been demonstrated that the operation of the mines was unprofitable fi connolly vs bouck U S circuit court of appeals federal mining partnership threats made by one member of a mining partnership to another that unless the latter signed a contract presented to him the former would advance no more money to develop the mine which should be shut down and rendered worthless did not constitute duress which would invalidate the contract connolly vs bouck V U S circuit court of appeals federal right of flowage defendants who were owners of quartz mills on a stream entered into contracts with the owner of placer mines situated below which were worked by means of water taken from the stream through flumes blumes and pipes by which for a valuable consideration paid and to be paid they were released for a stated term from any and all claims for damages by reason of injury to the reservoirs or pipes and of the lower proprietor caused by the tailings and debris deposited or which might be deposited in the stream by defendants from their mills the contracts to be binding upon the successors and assigns of the parties held that such contracts granted an easement to defendants to have the tailings from their mills flow through the reservoirs sluices ices and pipes upon the placer property which continued during the designated term as against a subsequent purchaser of the property schwab vs smuggler union mining co U S circuit court of appeals federal quartz mills st 1909 p c provides that the period period of employment of all persons engaged in work in smelters shelters sm elters and other institutions for the reduction or refining of ore shall not exceed eight hours within any twenty four held that a quartz mill is within the meaning of the statute though the metal is extracted solely by the process of pulverizing and crushing ex parte martin supreme court of california pacific quarto mills st 1909 p c arv hibits the occupation of any one in a quartz mill more than eight hours within any awen ty four held that as the air in the vicinity of the crusher frequently becomes filled with fine particles of rock in the form of dust it cannot be held that such occupation is not detrimental to health to such an extent as to place the statute within the police power ex parte martin supreme court of california pacific damages for deceit the md measure asure of damages for deceit inducing the purchase of an interest in land such as a mining lease is the difference between the actual value of the property when purchased and what it would have been worth if as represented and not the difference between the price paid and the actual value of the property kendrick vs ryus supreme court of missouri southwestern mining partnership A lease executed by the owner of I 1 land and to himself and third persons as lessees lessels for mining purposes for a specified period with a provision of forfeiture fe and binding the parties to fco mine the land continuously during the term to keep sufficient machinery on the land to do the work and to pay to the owner a royalty on the ore mined etc creates a partnership between the to continue for the specified period beller vs murphy springfield court of appeals missouri southwestern 1029 location under laws 1899 p 69 c 44 section 1 requiring a lode discoverer within a certain time to record in the county auditors office a notice containing the name of the locators date of location the number of feet in length length c e aimed on each side of the discovery the general course of the lode and such a description of the claim by reference to some permanent monument as will identify it location notices which did not designate the point of discovery or state the number of feet in length claimed on each side of it or the general course of the lode or identify the claim by reference to any natural monument were insufficient knutson vs fredlund supreme court of washington pacific |