G. W. Youngs Mining Co. v. Courtney
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. In the matter of the Huron Mining Company, bankrupt; Joseph S. Courtney, trustee. The G. W. Youngs Mining Company appeals from an order of the District Court disallowing its claim for a lien. The MacKinnon heirs owned lands supposed to contain iron ore.
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Appeal from the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. In the matter of the Huron Mining Company, bankrupt; Joseph S. Courtney, trustee. The G. W. Youngs Mining Company appeals from an order of the District Court disallowing its claim for a lien. The MacKinnon heirs owned lands supposed to contain iron ore. In August, 1905, they leased the premises to Youngs for exploration and working for the period of 30 years upon a royalty of 16 cents per ton with a minimum royalty of $2,000 per year, payable quarterly on January 20th, April…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). 1. The contract involved is not free from ambiguity as to whether it contemplated a minimum annually of 60,000 or 100,000 tons. The construction put upon it by the parties clearly shows that they treated it as calling for the 100,000 minimum. We do not find it necessary to determine the question, but assume that the construction of the parties is the one which should be adopted.
[1] 2. The minimum royalty or the rental payable to the Youngs Company for the third quarter was due and payable October 20th; that for the fourth quarter would not be payable until…
2Cases cited3 opinions
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Perkins v. GrobbenMichigan Supreme Court · 1898
- Goodspeed v. DeanMichigan Supreme Court · 1864
3Cited by2 opinions
- Simon v. KirkpatrickSupreme Court of South Carolina · 1927
- Dedmon v. SarkesionMichigan Supreme Court · 1930