| Show REVERSAL EVERSAL BY SUPREME COURT 1 Judgment Changed in the Case Caso Of K P Mining Min ng Company Vs Tony Jacobson WAS NO BREACH OF CONTRACT J Bull uI Over I of or IIII I Of Copper Claims In III pW F if Tim Tho supreme court today handed down in an opinion In the tho case cne of ot tho the K KI I II I Mining company against Tony ron Ja In Jacobson 1 1 cobon appellant reversing the Judg Judgment I ment nent of at the tIe lower l w r court tnt and ordering the notion action dismissed The rhu notion action was wa waI I I rough ht by plaintiff to 10 recover IMI J damages for tor nn In alleged breach of ot con can contract conz z tract on the part of oC defendant In tn eon con connection I JJ with his hili agreement to purchase J from plaintiff the Native NatIvo Copper group groupIE IE j of fit t claims In Iii Little Cottonwood district i for tor or the total sum SUnI of ot IU OO I 1 Tho rho plaintiff contended that defend defendant I i I lint ant failed to comply com pi with the th terms lerm of at 1 I 1 tho tile contract In III that he ii did not perform 1 i t I tho the required development work vork on all the V clAims from Feb ei 23 1903 until Oct 5 G GJ J I 1 1003 1503 the tho date dale upon which It was wa alleged I I that 11 surrendered his option The Tho rh I iI I lower court rendered judgment In i favor t of ot plaintiff for tor or 1410 I The court reverses this judg judgment Cf I i ment menu on all tho ground that the evidence did not show hov that defendant surrender surrendered i I ed eti his hili option on tho the date mentioned I 1 I nod for tor the tho further reason that the tho I I contract stated staled sta specifically what acts lJ would wo 11 1 1 be bt b constituted a 11 t breach of ot the r iI P contract and anel ulso fixed the tho damages iN I tor fr any breach broach Inasmuch as liS st It iti 1011 s i Ift appear that an nn action de defendant deit fl it would lie He under the tha terms of ot off It f r the contract orders the action dismiss dismissed cd ed Justice McCarty wrote the th opinion ollinton I of ot the court which 1 U II concurred In by Chief Clief Justice Ju Hartch ami Justice |
