Reinoehl v. Vervaeke

— These cases involve the ownership of certain mining machinery and equipment now located upon mining claims in Stevens county, owned by defendants. What we regard as the controlling facts are not in dispute.

July 25, 1934, the defendants executed and delivered to one Quackenbush, “his successors and assigns,” an option to purchase the claims for $75,000, payable $5,000, August 13, 1934, and $1,500, February 1, 1935. (With subsequent payments due under the option, we are not concerned.) The agreement provided that, in case of default by the optionee, all payments made under the option “and all…